When is it to late to file a lawsuit?

Answer 1

Check the statute of limitations in your state for the type of law suit you want to file.

In addition, bear in mind that there are exceptions to every statute of limitations that may provide a basis for filing a lawsuit even beyond the specific time period stated.

For example, in some states (as in New Jersey) a medical malpractice action may be filed after the usual two year statute of limitations period from the date of the actual malpractice act if the patient could not have known that malpractice had actually occurred at the time. The time period probably begins on a date when the patient reasonably should have been aware that there had been malpractice.

In addition certain facts may cause a statute of limitations period to freeze or not even begin at all.

If you are a defendant and the SOL has expired, keep in mind that the court will not refuse to file a lawsuit because it is outside the period of limitations. The lawsuit will proceed as it is the defendant's responsibility to raise the issue either specifically in the answer or as an affirmative defense.