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For example, the statute of limitations for filing a bodily injury claim may be shorter than it is for filing comprehensive or property damage claims. Your car insurance company may have its own ...
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, for an individual who begins experiencing severe back problems six months after a car accident, the statute would start when the back ...
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Occasionally, there is a valid excuse for violating a safety statute, namely when it is safer or arguably safer to violate than to comply with it. This happened in Tedla v. Ellman. [3] A statute required pedestrians using roadways to walk against traffic. At the time in question, there was heavy traffic going the opposite direction as the ...
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