Statutes of limitations are deadlines for filing specific types of claims in court, in arbitration, or in other legal proceedings. Statutes of limitations generally require a person or entity to file a lawsuit or initiate an arbitration proceeding within a certain number of years from the date the cause of action accrues or arises—often the date of the injury, whether a physical injury or a breach of contract, for example.
The discovery rule is a judge-made exception to statutes of limitations that stops or “tolls” the limitations period from beginning to run until the person with the right to assert the claim (the plaintiff) has sufficient knowledge to discover the facts regarding the injury or breach.
Similarly, a statute of limitations may be suspended or “tolled”—extending the time period in which the plaintiff may file a lawsuit or make a claim—if the plaintiff lacks the legal capacity to file a lawsuit or make a claim when the cause of action accrues (the person is under a legal disability). For example, if a person’s cause of action accrues when the person is a minor child, the statute of limitations will often by tolled until the child reaches the age of majority (often 18).
In Iowa, statutes of limitations set time limits for filing various types of legal claims. These time limits vary depending on the type of claim. For example, personal injury claims must generally be filed within two years, while breach of written contract claims have a ten-year limit. The discovery rule in Iowa can toll the statute of limitations, meaning the clock doesn't start until the injured party discovers or should have discovered the injury. This rule is particularly relevant in cases where the injury or breach isn't immediately apparent. Additionally, Iowa law provides for the tolling of the statute of limitations for individuals who are under a legal disability at the time the cause of action accrues. For instance, if the injured party is a minor, the statute of limitations may be tolled until they reach the age of majority, which is 18 years old in Iowa. An attorney can provide specific guidance on how these rules apply to an individual's case and ensure that a claim is filed within the appropriate time frame.