A statute of limitation prohibits the filing of a lawsuit after a period of time has passed. You may be wonder why statutes of limitation exist at all. Why not allow lawsuits to be filed at any time? Well, part of the function of statutes of limitation is to prevent what are known as "stale claims." Stale claims are those lawsuits that have become old and difficult to try.
Staleness happens when the facts of the case are no longer clear because of the passage of time. In a contract's case, perhaps important documents have been lost or destroyed over the years. Witnesses have grown old and have forgotten details from the drafting or negotiations surrounding the contract.
Join Brayton Purcell LLP and the American Lung Association for one of the most unique fundraisers in the United States! This March, the Brayton Purcell Stompers will climb to the top of the Bank of America building in San Francisco to raise awareness for lung health.
When Paul Zygielbaum heard that the Ban Asbestos in America Act unanimously passed in the U.S. Senate in 2007, he and victims all over the country began to celebrate. When those same victims, their families, and other advocates of the bill read the fine print, they were horrified.
Statutes of limitation are a well-known aspect of any litigation. A statute of limitation limits the time you have to file a lawsuit. In many circumstances, your time to file begins with the occurrence that causes the need for the lawsuit. For instance, if you have a contract and the other party breaches the contract, your time to sue is typically measured from when the breach occurred.
In the personal injury context, the statute of limitations is measured from when your injury occurred. If you are injured in a car accident, the date of the accident is the measuring point for the statute of limitations.
But what if you do not know you were injured?
Last fall, this story, involving the potential contamination of schools in Huntington Beach, caused much concern among parents, worried their children may have been exposed to asbestos in some of the elementary schools where modernization work was being done.
The asbestos tests of these schools will be released within the next two or three weeks according to the South Coast Air Quality Management District. The tests were done to ensure that any asbestos that was released during the shoddy removal of roofing tiles in the elementary schools has, in fact, been properly cleaned up.
According to A.M. Best, asbestos-related losses for insurance companies increased 16 percent in 2013, which was double the increase seen in 2012. Best reports that losses have increased five of the last seven years.
The report by A.M. Best, entitled "U.S. Insurers Continue Funding of A&E Liabilities Despite Elusive End Game," is indicative of the mindset that many have towards asbestos-related illnesses. The presumption is that there is an "end game," which when reached, will bring a dramatic fall in claims by victims of asbestos-related diseases, such as asbestosis and mesothelioma.