Question

Write an argumentative essay in which you argue whether or not statutes of limitations are fair for both plaintiffs and defendants and why.

Answer 1

Answer:

Explanation:

The idea behind statutes of limitations is mainly one of general practicability and fairness. The offending party in any legal dispute knows that he or she committed or may be accused of committing some wrong against the other party. In such a case, the wronged party must decide whether to bring a lawsuit in order to recover for his or her wrong. The law will not tolerate a plaintiff who procrastinates, a plaintiff who delays for effect, or one who is negligent or forgetful. After a period of time has passed, the chance to sue disappears.

State Civil Statute of Limitations

Every state enforces strict time limits for filing a civil action, whether it's a medical malpractice lawsuit or a claim for collection of debt. Again, they are intended to ensure the integrity of physical evidence and witness testimony, while also removing the indefinite threat of a lawsuit (which could be used as blackmail in the absence of limits). For instance, the time limit to file a trespass case in California is three years from the date of the incident, whereas in Colorado it is only two years.

How Long?

The lengths of time for statutes of limitation correspond roughly to the amount of notice that both parties have regarding the underlying injury or wrong. The more notice both parties have that there is a problem and the more likely it is that the injured party will sue, the longer the statute of limitation. The less likely it is that the offending party will be aware of his wrong or the more inconsequential it is likely to be, the shorter the statute of limitation.

The longest statutes of limitation are generally those regarding the recovery of judgments after a lawsuit. In this situation, the parties are clearly on notice of the lawsuit. If the losing party refuses to pay his judgment, it should come as no surprise that he will be sued, even if it is as many as 10 years later.

On the other hand, if one person is physically injured by another person but does not sue within a year or two, it is reasonable to expect that the plaintiff either forgot about the injury or it was not as serious as originally suspected. In this case, the potential defendant is protected from a lawsuit that he may not even be aware is pending, especially more than a year or two after the accident that caused the injury occurred.