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Baltimore, MD commercial litigation attorney Jonathan D. Nelson shares the developing trends in insurance defense. One trend he observes in insurance defense is the evolving application of statutes of limitations. At its core, a statute of limitations is a straightforward concept: it sets the timeframe within which a lawsuit must be filed, typically three years. While this may appear to a non-lawyer as a technicality, in legal practice it is a critical tool. When properly understood and applied, the limitations period can serve as a complete bar to a claim, making it a powerful mechanism in insurance defense.
However, despite its simplicity, statutes of limitations are frequently adjusted by courts and legislatures to account for changing legal standards, considerations of justice, and contemporary events. These adjustments vary across jurisdictions, making the rules far from uniform.
In his practice, he and his team closely monitor how courts alter limitations periods, including nuances such as tolling, accrual, and other timing considerations. This careful attention ensures that any claims brought against their clients are filed within the applicable limitations period. When claims fall outside that window, they proactively seek dismissal, protecting clients from untimely and potentially costly litigation.
