Statute of Limitations in Torts: How Long Do You Have to Sue

One of the most common questions in an initial consultation is: “How much time do I have to sue?” The answer is important, because a claim filed after the statute of limitations has expired will be dismissed. A personal injury attorney at Lev-Taieb law firm will guide you.

The Basic Rule: 7 Years

Under the Limitation Law, the limitation period for tort claims is 7 years from the date the damage occurred. This rule applies to most tort claims: accidents, falls, dog bites, property damage, and more. This is the Limitation Law, 5718-1958, Section 5.

7 years is not a long time as it may seem. Evidence disappears over time, witnesses forget details, and medical documentation can be lost. Filing a claim earlier allows for better presentation of the case.

When Does the Clock Start

The limitation period begins on the day the damage occurred. If the damage was not known immediately, it is possible to argue that the limitation period begins from the day it was reasonably discoverable to the injured person. Example: a health injury that was discovered late (for example, a health injury that was discovered a year after the accident) — the limitation period begins from the day it was reasonably discoverable.

Important Exceptions

Minors

If the injured person was a minor on the day of the injury, the limitation period begins only when they reach the age of 18. That is, an adult of 18 who was injured at age 5 can still sue. There are 7 years from age 18, meaning until age 25. Parents can also sue on behalf of the minor before then.

Claim Against a Local Authority

Limitation period: 7 years. But there is a prior condition: a notice must be sent to the authority within 60 days of the event. Failure to send the notice can prejudice the claim. This is a critical detail that many people miss.

Late Discovery of Damage

If you did not and could not know about the damage at the time the event occurred (for example, a health injury discovered late), the limitation period begins from the day it was reasonably discoverable. This depends on circumstances and should be discussed with an attorney.

Why Not Wait Until the End

• Evidence disappears over time: Documents lost, invoices gone, photos erased.
• Witnesses forget details: The witness who was in the accident may not recall exact details after 6 years.
• Authorities and businesses may delete records: Proving that the injury caused the fall becomes harder after years.
• Medical documentation can be lost: Clinics and hospitals do not keep records forever.
• Filing a claim earlier allows better presentation and sometimes early settlement.

Frequently Asked Questions

I was injured 5 years ago and only just contacted an attorney. Is it too late?

No, there are still 2 years left. But it is worth acting immediately to preserve remaining evidence. Contact an attorney immediately, do not wait.

The damage I suffered is psychological harm from an accident 4 years ago. When does the limitation period start?

It is possible that the day the psychological damage was discovered and diagnosed, not the day of the accident. This depends on circumstances and should be discussed with an attorney.

My parent was injured 3 years ago. Can I sue on their behalf?

If the parent is legally competent, they need to sue themselves. If they are not competent, it is possible to appoint a guardian who will sue on their behalf.

I received partial compensation from an insurance company. Does accepting partial compensation affect my right to sue?

Depends on how you accepted the compensation. If you signed a waiver, you may have waived your right to sue. It is important not to sign documents without legal advice.

Is it possible to extend the limitation period?

In certain circumstances yes, but it is rare and requires filing a justified application with the court. Therefore it is preferable to act within the regular limitation period.

I fell in a store a year ago and did not document it. Is it worthwhile to sue?

Yes, there are still 6 years left. It is possible to try to locate documentation: receipts, witnesses, medical documentation from that period, photographs of the scene. An attorney can help search for evidence.

Does an initial consultation oblige me to sue?

No. An initial consultation is free and non-binding. It helps understand whether there is a basis for a claim. After the consultation you decide whether to proceed.

For free consultation, contact a personal injury attorney at Lev-Taieb law firm. Phone: 072-2428822.