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Old 10-29-2009, 03:22 PM   #1 (permalink)
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Discovery Rule

Thanks for the help!

Last edited by MJ8008; 10-31-2009 at 08:36 AM.
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Old 10-29-2009, 07:00 PM   #2 (permalink)
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A little tutorial:

Discovery rule states that the statute of limitations commences to run when a person discovers,or in the exercise of reasonable care should discover, injury due to another’s negligence. However, tollling can occur. In many cases, the discovery of the harm (as in a medical malpractice claim where the fact or the impact of the doctor's mistake is not immediately apparent) starts the statute running. In some jurisdictions the action is said to have not accrued until the harm is discovered; in others, the action accrues when the malpractice occurs, but an action to redress the harm is tolled until the injured party discovers the harm.

You need to check with a local attorney who call tell you which of these specific instances applies to you.

Good luck and good heath to you.
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Old 10-30-2009, 04:27 AM   #3 (permalink)
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Thanks for the help!

Last edited by MJ8008; 10-31-2009 at 08:36 AM.
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Old 10-30-2009, 06:43 AM   #4 (permalink)
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Your argument is logical and I understand your point. My opinion really isn't valuable since its based on my perspective which may not reflect that of a jury. OJ Simpson is free......... I never would have predicted that.

I know the tenor of the juries in my area would probably find merit in your case. But that may not be the case where you live. A local attorney who handles civil cases in court where you live may be able to tell you about recent rulings and how the courts have ruled in similiar instances.

I wish I could tell you more.

Good heath.
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