statute of limitations

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statute of limitations

[stach′o̅o̅t]
Etymology: L, statuere, to set up, limes, boundary
(in law) a statute that sets a limit of time during which a suit may be brought or criminal charges may be made. In a malpractice suit, dispute may arise as to whether the time set by the particular statute of limitations begins to run at the time of the injury or at the time of the discovery of the injury.

statute of limitations

Malpractice A doctrine that allows a plaintiff 2 to 3 yrs–depending upon the state in the US, from the time of the alleged malpractice or negligence–by a physician or hospital–to file a lawsuit. See Emancipated minor, Malpractice.

Statute of Limitations

the law which limits the time after an event during which a court action related to a claim for damages arising out of the event can be initiated.
References in periodicals archive ?
Division 2's approach has the advantage of providing greater certainty and predictability to government agencies as to their own liability, which is the general purpose of all statutes of limitations.
Tolling rules for criminal statutes of limitations vary from state to state, but several common tolling provisions deserve mention.
The absence of such clauses, much to the surprise of the parties to such contracts, may lead to an arbitral ruling that statutes of limitations do not apply to the parties' dispute.
The overarching aim of statutes of limitations is to balance the needs of plaintiffs against those of defendants and of society.
To correct these inequities, TEI urges the adoption of statutes of limitations that apply even-handedly to assessments and refunds.
The United States and some European countries have done away with the statutes of limitations on some types of crimes.
Current limits on criminal prosecutions were established when DNA-testing techniques were in their infancy; now the law must catch up with the science, say legislators seeking to extend or banish statutes of limitations so that police and prosecutors can still pursue cases when funds to process DNA evidence are allocated.
Hence, although it is possible to interpret the transition rule to permit netting when the statute of limitations is open for either the year of the overpayment or underpayment, the proposed regulations require that the statutes of limitations for both the underpayments and overpayments be open in order to qualify for transitional relief.
In a Perfect World, certainly the perpetrator would pay for all subsequent therapy, but statutes of limitations may preclude that from happening.
The court noted that the concept of equitable recoupment was first applied in Bull,(138) and its purpose "is to relieve parties from the unfair application of statutes of limitations in certain circumstances.
Civil statutes of limitations were not a part of English common law, but were creatures of the legislature.