Legal Definitions - limitation period

A limitation period is a specific timeframe established by law within which a person must initiate legal proceedings to enforce a right or claim. If legal action is not commenced before this period expires, the ability to pursue that claim in court is typically lost, regardless of the claim's underlying merits.

Here are some examples to illustrate this concept:

• Example 1: Unpaid Debt

  Imagine a freelance graphic designer completes a logo design project for a client, but the client never pays the final invoice. In many jurisdictions, there is a limitation period, often six years, for breach of contract claims. This means the designer must file a lawsuit to recover the unpaid fee within six years from the date the payment was due. If the designer waits seven years to sue, the court would likely dismiss the case because the limitation period has expired, even if the client clearly owed the money.

• Example 2: Personal Injury Claim

  Consider a situation where an individual is injured in a car accident caused by another driver's negligence. The law typically sets a limitation period for personal injury claims, often two or three years, starting from the date of the accident. The injured person must file their lawsuit against the at-fault driver within this specific timeframe. If they attempt to file the lawsuit after this period has passed, their claim for compensation for medical bills, lost wages, and pain and suffering would likely be barred by the court.

• Example 3: Construction Defect

  Suppose a homeowner discovers a significant structural defect in their newly built house, such as a faulty foundation, several years after moving in. There is often a limitation period for claims related to construction defects, which might start from the date the defect was discovered or reasonably ought to have been discovered. If the homeowner waits too long after identifying the problem—for instance, beyond the statutory period of perhaps ten years from completion or a shorter period from discovery—they may lose their legal right to sue the builder for the cost of repairs, even if the builder was clearly at fault.