Marian S. Rosen & Associates

Nursing Home Abuse Representation

Elder Abuse Attorney Texas

June 26, 2009 @ 04:53 PM — by unknown
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What Is The Statute Of Limitations?

While the statute of limitations differs depending upon the particular type of lawsuit you are considering and also the state in which you live, it is important for you to know some basic facts which cover the statute of limitations. 

The statute of limitations covers the period of time in which you can make a claim or file a nursing home abuse lawsuit. It is essential for you to know how this applies to your specific situation, because it will make the difference between whether your claim can be filed. You will not be able to initiate a lawsuit if the statute of limitations has expired.

There are good reasons for a statute of limitations. It is intended to protect both the injured party as well as the party against whom you wish to file a claim. It also includes both the time and expense that is involved in a lawsuit. 

First, on the side of the injured party, the nearer to the actual time that the injury occurred, the more valid the claim will be. For example, if you are seeking compensation for damages, it is reasonable to expect that the compensation will actually be applicable to the damages. If an unreasonable amount of time has elapsed, it would be unreasonable to consider it compensation for the damages. 

The statute of limitations also protects the other party. In addition to ensuring that the compensation is intended to cover the particular damages, it also protects the other party from the possibility of unnecessary or frivolous lawsuits being filed at a much later date. 

With the statute of limitations in place, both parties to a lawsuit, and the rights thereof, are protected by law. It is the best means of ensuring equal fairness to everyone who is involved in a lawsuit. 

The statute of limitations provides the person who wishes to initiate a lawsuit ample time to make a decision about the lawsuit, gather all of the pertinent information and evidence, and begin proceedings. Logically, this should not be done without the assistance of a qualified attorney. His expertise is there to guide you every step of the way, and ensure that the outcome is fair to you.

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