September 03, 2019

What does it mean if my claim is time-barred

One of the golden rules in litigation is that if you are going to sue, do it quick. Notwithstanding the fact that you have got all these so-called alternative methods of sorting your claim out, you should not delay.

The reason for that is that sometimes your claim may become time-barred from bringing your action. Basically, what it means is, if you have got a claim (e.g. there was a breach of contract) – then you should get on with it because there are rules in place which say that in certain categories of cases, if you delay, then you will not be allowed to bring your claim to court. You will be time-barred and the court will reject your claim because you fall under the so called statute of limitations. A statute of limitations is a law which sets the maximum time in which parties involved have to initiate legal proceedings from the date of an alleged offense, injury or breach of contract. The length of time the statute allowing for a plaintiff or a victim to bring legal action against the suspected wrong-doer can vary from one jurisdiction to another.

In general, the time allowed under a statute of limitations varies also depending upon the nature of the legal relationship. For example, in Poland, the statute of limitations on personal injury claims is 3 years from the day that you became aware of the injury, so that means you have three years to sue the wrong-doer. If you wait so much as one day over the three-year deadline, you can no longer sue for compensation. 

In Poland, there are the following time limits for bringing the claim:
 
    • for general civil claims – 6 years;
    • for claims based on torts – 3 years;
    • for claims connected with payment of rent for lease of property – 3 years since the rent payment became due;
    • for claims arising out of sale contracts, mandate agreements and commission contracts – 2 years;
    • for claims based on forced heirship – 5 years;
    • for claims based on employment law – 3 years;
    • for personal injury – it is 3 years from the day that you became aware of the injury
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  • So, the key is don’t delay. If there has been a delay, contact the lawyers and check the status of your claims.

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