statute of limitations

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statute of limitations

State and federal laws that place a time limit on the ability to make certain claims in a lawsuit.The various statutes are usually fairly clear and might provide 6 years for breach of contract, 2 years for negligence, and 10 years for rights to real property.The part that causes all the litigation is the question of “when does the time period start to run?”As a general rule of thumb, the clock starts ticking when there has been a harm that would give rise to the ability to sue. If a stairway is erected improperly in year 1,but there is no way to know this until it collapses in year 5, then the statute of limitations begins to run in year 5.

References in periodicals archive ?
Tolling the statute of limitations thus creates no potential for unfair surprise...."); John J.
1999) (tolling the statute of limitations for minor with a severe mental disability in a special education matter).
Thus, because "private antitrust litigation is one of the surest weapons for effective enforcement of the antitrust laws," (488) public policy favors tolling the statute of limitations for the pendency of government proceedings plus one year for private prosecutors to take advantage of such proceedings.
(201) Consequently, in jurisdictions where an action is deemed commenced upon the filing of the complaint, there is no valid reason for tolling the statute of limitations simply because the plaintiff may subsequently have difficulty serving the defendant.
(233) In either tolling the statute of limitations or relating back to Murray's original complaint, Mansheim's counterclaim did not offend the goals of the statute of limitations because his claim arose from the same motor vehicle collision.
Finally, the court's conclusion wrongfully ignored its own precedent, set forth in Lattuca, of tolling the statute of limitations until the beneficiary has actual knowledge of the harm.
Yet, curiously, there is no mention of whether there was any disclosure of the laceration of the nerve in the patient's wrist, and no discussion of Fraudulent Concealment tolling the statute. Wilson v.