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Statutes of limitations have other exceptions. Minors, for example, can sue up to two years after their 18th birthdays. A medical malpractice case involving birth injury, then, can have a statute of limitations for up to 20 years.
Generally, the statute of limitations is a strong defense to claims made beyond the appropriate time; however, the defense is not self-executing. If an apparently time-barred claim is made against you, your statute of limitations defense will be waived unless you act to raise it.
In general, once the statute of limitations on a case ?runs out,? the legal claim is not valid any longer. The period of time during which you can file a lawsuit varies depending on the type of legal claim.
However, if the law is characterized as ?substantive,? courts must undertake a ?choice of law? analysis to determine which state's substantive law should apply. By way of example, in Pennsylvania, statutes of limitation are considered procedural in nature.
Criminal Statute of Limitations in Pennsylvania Criminal statute of limitations prevents the prosecution from bringing a case once a specific amount of time has passed. For felonies and misdemeanors, the prosecution has two years from the time of a crime.
The principle exception to the statute of limitations is the discovery rule. Under this exception, the statute of limitations may be suspended for the period during which an injured person cannot reasonably be expected to discover the injury upon which a malpractice claim may be based.
?Civil statute of limitations is capped at the age of adulthood plus 12 years, i.e. age 30 for most. ?Criminal statute of limitations for adults is capped at 12 years after the offense was committed. ?Civil statute of limitations for adults is capped at 2 years after the offense was committed.
There is no time limit to bring charges for serious crimes such as murder, but lesser offenses have between a 2- and 12-year statute of limitations, depending on the specific offense. The deadline for filing misdemeanor charges, for instance, is 2 years.