What are limitation periods?

Sun Sep 02 2012 | By Westmin James

When a person has a right to sue someone the law places time limits within which you can bring your action.
These time limits are called limitation periods. If legal proceedings are not started within this period then
the right to sue is lost. In Trinidad and Tobago the Limitation of Certain Actions Act sets out the limitation
periods for different types of claims. It prevents abuses in the systems whereby a claimant does nothing for
many years and then brings an action after the defendant may no longer be in a position to defend it.

When does the limitation period begin?

Where the claimant is suing for damages for negligence, nuisance or any other tort, or for personal injury
or breach of a duty of care, the limitation period runs from the date when the damage first occurs. For
example, if a faulty seatbelt fails to prevent a person from injury in a car accident, the time for bringing a
claim against the car's manufacturer would begin on the date of the accident.

In certain cases, the limitation period does not begin until the claimant finds out, or ought to have known
that he or she has a claim against another. This depends on the facts of each case. Also, if a defendant admits
to the claimant that the claimant has a valid claim, then the limitation period runs from the time of the
admission. The admission must be made before the limitation period expires. The admission cannot revive
a claim that has already expired. This admission of the right to sue must be made either in writing or by a
payment to the claimant.

Finally, people under 18 years or people who are unable to manage their own affairs due to physical or
mental impairment, are considered to be under a legal "disability." For such persons, the limitation period
starts from the time they are no longer disabled. When the disability ends the full-time period is still avail-
able.

Extending limitation period

The Act allows the court to extend the time for starting proceedings in deserving situations, thus softening
the harsh impact of missing a limitation period. However, to avoid the limitation period from expiring you
should see an attorney as soon as possible.

Claim Limitation period

Contract: 4 years Breach of duty and personal injuries: 4 years

Tort: 4 years Enforcing a judgment: 12 years

Recovery of money stated in an Act: 4 years Judicial review: 3 months

Damages for negligence, nuisance or Workmen's compensation: 1 year