Time Limit To Start Your Claim

Suing In Time

If a person takes an intolerably long time to start his claim, the law may penalise him by preventing him from proceeding any further. This claim is said to be "time-barred". A person who wishes to sue must ensure that his/her right to sue is not time-barred.

This means that the law will set a time limit within which the claimant must start court proceedings. Time starts to "run" from the moment there is a right to sue. Usually this is considered to be the point where the victim is aware that a wrong was done to him.

Limitation Table

However, there are times when the courts allow the plaintiff's postponement or give an extension of the time limit for the plaintiff to start suing. For instance, where the action is related to matters regarding land and the defendant took steps to conceal matters which would make the plaintiff realise he has a right to sue. Where such right to make a claim is concealed by the defendant's fraud or where a serious mistake was discovered, time begins to run only from the time of discovering the fraud or mistake. If the person entitled to sue is under 21 years old or of unsound mind, time will only start to run when the person turns 21 years old or from the date of death whichever is earlier. In the case of death, the personal representatives of the deceased would be the persons entitled to sue.