If the statute of limitations period has passed, the defendant can assert the statute of limitations as a defense against the claim. This means that the plaintiff’s claim will be barred and the defendant will no longer be liable for it. The court will dismiss the case if the statute of limitations has passed, unless it falls under any of the exceptions as mentioned before.
It’s important to note that the statute of limitations is an affirmative defense, meaning that the defendant has the burden of proving that the statute of limitations has passed. However, if the plaintiff is unable to prove that an exception applies or that the statute of limitations has been tolled, the claim will be barred.
In some cases, the defendant may raise the statute of limitations as a defense in the early stages of the litigation, before the case goes to trial. If the court agrees that the statute of limitations has passed, the case will be dismissed and the plaintiff will not be able to pursue the claim any further. If the statute of limitations has passed, the plaintiff will not be able to recover any damages or compensation for the injury or harm suffered. The plaintiff will also not be able to seek any other relief such as injunctions or declaratory judgments.
You may not realize your contract was breached, or someone has defrauded you for weeks, months or even years after an incident. If you discover the fraud or breach after the statute of limitations has expired, you can file a lawsuit based on delayed discovery.
Delayed discovery provides for a longer statute of limitations in the cases where:
- The plaintiff is not aware of the facts that would have caused them to suspect they had suffered harm due to someone else’s negligence.
- If reasonable and diligent investigations would not have discovered a harmful product or situation contributed to the plaintiff’s harm.
Additionally, there could be other ways to seek compensatory damages. For example, filing a claim under an alternative cause of action with a longer statute of limitations.
It’s important to note that statutes of limitations are strictly enforced and it’s very important to consult with an attorney as soon as possible after an incident occurred to ensure that a claim is filed within the statute of limitations period and to avoid any potential legal complications later. By not taking legal action quickly, plaintiffs with legitimate claims could lose their right to file a lawsuit and the ability to recover compensation.
Contact ZinnLaw for Assistance
Nearly all civil cases are subject to statutes of limitations. Talk with one of our experienced attorneys if you think you have a case that’s related to real estate, construction, or contract law. ZinnLaw of SWFL can help you understand how the statute of limitations applies to your case. Contact us today at (239) 418-1529 – that’s (239) I-1 U-1 LAW – to schedule a complimentary consultation.