What is the deadline for starting a Civil case?
If you have a Civil case and are thinking of starting the claim in Court, you must check that the validity period of the claim hasn’t expired yet. The principle of limitation is a legal rule that stops a person from starting legal action for a case after a certain amount of time has elapsed since their claim first arose.
The purpose of this rule is to:
- Protect unsuspecting Defendants against being pursued for claims many years after the incident occurred
- Make sure that legal actions are tried by the Courts in a timely manner.
What are the time limits to start a Civil Claim?
Generally, a legal action based on a contract or a tort (civil wrong) must be brought within 6 years from the cause of action resulting.
For cases involving personal injury, negligence, nuisance or breach of duty, the time limits are:
- Within 3 years of the date the cause of action resulting, or;
- Within 3 years from the date, the Plaintiff had knowledge of the right to take legal action.
If a person doesn’t start their legal claim within the specified time limits their action will be time-barred, meaning
that their legal rights are terminated.
So there you have it, some basic information on what limitation periods are in a Civil case.