Calculating the statute of limitations correctly is a sin qua non of a successful action for the plaintiff. A defendant intent on dismissing a lawsuit will also pay special attention to this time computation, which can be the most powerful weapon in an arsenal of affirmative defenses. What better gift for a defendant than a victory without even having to argue the merits of the litigation?

Calculating the statute of limitations should not be thought of as a single question, but rather a determination on four separate issues. A mistake on any one can lead to disaster for the plaintiff, and concomitant celebration for the defendant.

Four Issues