Posted: November 8th, 2022
The value of the statute of limitations on obtaining relief.
The Statute of Limitations sets forth the maximum time after an event that legal proceedings based on that event may be initiated. Explain the value in this limitation on obtaining relief and justify your opinion.
Articulate an instance, whether personal or researched, where the Statute of Limitations had expired and no further action could have been taken.The value of the statute of limitations on obtaining relief.
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The statute of limitations is a valuable statutory provision that necessitates that a certain form of the legal allegation is raised within a particular amount of time so as to proceed in a court of law. The statute of limitation is valuable on obtaining relief in that the defendant can use this limitation to an affirmative defense. As Jenkins (2014) alleges the defendant might raise an affirmative defense on the basis of the time limits demonstrated in the statute of limitations and facts demonstrating that the claimant failed to make the complaint within the stipulated time. This might result in the dismissal of parts of or all the allegations presented by the plaintiff.The value of the statute of limitations on obtaining relief.
The statute of limitations is important because it requires the injured party to file a complaint within a reasonable amount of time so that the defendant has a fair chance to defend and won’t be astounded by the allegation of out of date period. The plaintiff is needed to pursue an action meticulously with efficiency and speed, because of the lessening worth of evidence and also for both parties to get closure.
An instance where the Statute of Limitations had expired and no further action could have been taken
Thomson was injured in a car accident on March 5, 2011. On April 5 of the same year, Thomson’s lawyer recommended him to seek compensation for his damages from, Bob, the driver of the other vehicle. Thomson spent several months attempting to settle the compensation with Bob’s insurance company. Finally, on June 1 of 2013, the insurance firm confirmed to Thomson that it will pay him one hundred dollars only. Thomson concluded that the pay was too little and decided to sue Bob. The statute of limitations had expired and no further action could have been taken and his right to compensation was also lost. In Texas states, the statute of limitations for personal injury lawsuits gives one two years from the date that the injuries were inflicted to file a lawsuit.The value of the statute of limitations on obtaining relief.
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