Two of those important considerations are: (1) when it happened; and (2) where it happened. Each state has its own “statutes of limitation” which prevents plaintiffs from bringing a lawsuit that is too old.
Reasons for Statutes of Limitations:
While there are many reasons for these statutes, at its most basic level it boils down to (a) the reliability of evidence and (b) allowing potential defendants some repose.
(a) Reliability of Evidence:
A major purpose of our justice system is to discover the truth and to provide justice to those that were wronged. The rules of evidence, such as those that require authentication of evidence and that prevent hearsay, are designed to ensure that only reasonably reliable evidence is used in determining the outcome of a case.
Over time, memories fade, evidence is lost or inadvertently destroyed, or witnesses move away. The more time that has passed since the incident which gives rise to the lawsuit, the less reliable the evidence becomes. At some point, the state legislatures have to draw a line in the sand for what is too old to be reliable enough.
(b) Repose of Defendants:
Without a statute of limitations, potential defendants would have to worry if they will get sued and then preserve the evidence indefinitely, even for minor occurrences. At first glance, this might not sound like a bad thing – it serves them right for doing something bad. But, what about the relatively minor things that occur to all of us?
For example, without a statute of limitations think of what would happen if your neighbor thinks that you are the one that scratched his classic corvette. Your neighbor could wait around and then finally decide to sue you for the damage to his car 30 years or more after the fact. You (and your insurance company) would then have to have saved photographs, police reports, alibi information, and any other evidence which might clear your name until the day you die (or even longer) just in case your neighbor waits that long to sue. At some point, potential defendants have to be able to move on with their life.
Statutes of Limitations Vary by State:
Each state has its own statutes of limitations, with some being longer and some being shorter. In a lot of states, like Iowa, the length of the statute of limitations can even vary dramatically based on the type of lawsuit.
Below is a chart showing a few of the basic statutes of limitations for both Iowa and Nebraska. Please note that these do not encompass all types of suits, and they are subject to change by the state legislature. As a result, if you think you have a potential case it is important to speak with an attorney as soon as possible, to evaluate applicable statutes of limitations.
Statutes of Limitation (“S.O.L.”):
|
Type of Case: |
Neb S.O.L. |
Neb. Statute: |
Iowa S.O.L. |
Iowa Code: |
|
Personal Injury |
4 yrs |
§ 25-208 |
2 yrs |
§ 614.1(2) |
|
Assault & Battery |
1 yr |
§ 25-208 |
2 yrs |
§ 614.1(2) |
|
Fraud |
4 yrs |
§ 25-207(4) |
5 yrs |
§ 614.1(4) |
|
Property Damage |
4 yrs |
§ 25-207(2) |
5 yrs |
§ 614.1(4) |
|
Contracts (written) |
5 yrs |
§ 25-205 |
1 - 10 yrs* |
§ 554.2725; § 614.1(5) |
|
Contracts (oral) |
4 yrs |
§ 25-206 |
1 – 5 yrs* |
§ 554.2725; § 614.1(4) |
|
Wrongful Death |
2 yrs |
§ 30-810 |
2 yrs |
§ 614.1(2) |
* In Iowa, the contract language can potentially limit the statute of limitations in a particular case to as little as one year.
If someone has wronged you or if you think you might have a case, call the experienced trial law attorneys at Goosmann Law Firm, PLC, in our Omaha, Sioux City, or Sioux Falls offices today. We will help you evaluate your case and ensure that you do not miss the applicable statute of limitations.