When one has been civilly wronged by another and intends to pursue a claim in court, it is almost always preferable to proceed expeditiously.

With the passage of time, memories of witnesses tend to fade. Documents relevant to the matter in dispute may be destroyed in the ordinary course of business or misplaced. Witnesses may leave the jurisdiction, making it much more difficult to compel them to testify at trial.

Along with these practical considerations comes the very real possibility that if a potential plaintiff waits too long to commence his or her claim, they may be barred in law from proceeding against the defendant at all. These time limits imposed upon plaintiffs are known as limitation periods and are prescribed by statute. The pre-eminent piece of legislation in this regard in Bermuda is the Limitation Act 1984 ("the Act"), as amended.

The legislative purpose of limitation periods is to avoid the problems associated with evidence when proceedings take place long after the events occurred. There is also a recognition that potential defendants ought not to be subject to the threat of litigation in perpetuity.

The limitation period for actions founded on tort, contract, negligence resulting in personal injury and for the recovery of arrears in rent is six years. The limitation period is 20 years for an action in respect of any claim to the personal estate of a deceased person.

Time starts to run when the events giving rise to the cause of action took place. In a breach of contract situation, for example, the limitation period would begin to run from the date the contract was breached.

This is the case even though at the time of the breach, the innocent party may not know the extent or nature of the damages he or she has suffered or whether any damages have been suffered at all. This principle also holds true for actions commenced in tort, for example, negligence.

An important exception to the general rule occurs in the context of a claim for personal injury. If a person is injured in a car accident, and only later discovers his or her injury, the Act provides that the limitation period begins to run when the injured person has knowledge of the injury. This is known as the "discoverability principle."

Unlike the limitation statutes in many other jurisdictions, the Act applies to the Crown, with some limited exceptions. If you sue the Government, or are being sued by the Government, the same limitation rules apply as if you were suing, or being sued, by another individual.

The effect of the expiry of a limitation period may vary in limited circumstances. In the vast majority of cases, however, once a limitation period expires, the plaintiff may not bring an action, meaning no remedy will be available to them regardless of the strength of their case.

If you have a claim, or if you believe you may have one, consult with an attorney immediately to avoid being caught in a limitation trap.