Q: Hello, Can you explain the waiver of statue of limitations to ,me please? Thanks
A:
Your question straddles two categories. I can only speak for the personal injury aspect. The probate attorneys here could offer meaningful input on any probate-related SOL issues. As a general premise, it can mean that a party agrees to waive their rights in pleading a statute of limitations defense, to the extent allowable by law. I have not encountered it in personal injury cases - the timetables are generally strict and unforgiving. I have seen it come up more in contractual or administrative contexts. Good luck
Tim Akpinar
Jonathan R. Ratchik , Anthony M. Avery and Charles Edward Green agree with this answer
A:
A statute of limitations is the time limit on how long you have to bring a lawsuit. In a personal injury case the time limit is typically three years from the date of accident, but there are other shorter time periods that could apply.
A waiver of the statute of limitations is when a defendant or the legislature chooses to allow a plaintiff to bring a lawsuit after the usual statute of limitations has expired.
Tim Akpinar agrees with this answer
A: Although uncommon, a defendant can agree to waive (or extend) the statute of limitations. You oftentimes see this if the parties are negotiating and need additional time due to an approaching SOL. Never rely on a verbal agreement to extend the statute of limitations. Get it in writing with an exact date to which the SOL is extended.
Tim Akpinar agrees with this answer
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