Question

In: Nursing

What is the rationale (policy reasons) for the Statute of Limitations in negligence cases.

What is the rationale (policy reasons) for the Statute of Limitations in negligence cases.

Solutions

Expert Solution

The concept of statutes of limitation balances the crucial right to justice with the perception of practical justice. In this perspective the law wants distressed parties to state claims within a realistic period of time. Basically that policy is "use it or lose it" if someone has a right that is protected under the law that has been infringed that is very clear. Nobody can threaten someone with litigation forever that anyone never bring.

Ultimately the person has to file a court case or lose the right to do so otherwise there is no option.
Statutes of limitation are not unfair as it reflect public policies build into the legal system. Although this looks like a imaginary, in practical terms the law is about more than simply proving one party has objective confirmation of bad behavior.

That is why certain claims have much longer statutes of restraint than others, differing from one year to twenty. These conflicting time periods reflect choices made by the governing body.
Furthermore the apparent harshness of statutes of limitations is frequently counterbalanced by existing doctrines. It means a limitations period for bringing a lawsuit does not begin to run until certain conditions are met in the particular way. Some of these apply where the person affected is not aware of the claim, whether because of disguise of the wrong or for other reasons the law deems to be understandable holdup in asserting a claim.

It a major issue in the health care system when we talk about the health insurance policy

Hence this concept should be used for the interest of the health benefits in the insurance.


Related Solutions

What are some of the major challenges of the Statute of Limitations in criminal cases?
What are some of the major challenges of the Statute of Limitations in criminal cases?
What is the applicable length of time for the statute of limitations on assessment of taxes...
What is the applicable length of time for the statute of limitations on assessment of taxes if the taxpayer willfully evades taxes? Explain!
What is the concept of the statute of limitations? When does the limitation period for tax...
What is the concept of the statute of limitations? When does the limitation period for tax returns expire? What are the four exceptions? What other issues are involved?
The statute of limitations for breach of a sales contract: a. may be reduced by the...
The statute of limitations for breach of a sales contract: a. may be reduced by the buyer and the seller to one year b. may be expanded by the buyer and the seller to six years c. begins to run from the signing of the contract d. always requires a notice to the seller to activate the statute
Distinguish the statute of limitations for criminal versus civil liability.
Distinguish the statute of limitations for criminal versus civil liability.
Limitations: Fiscal policy vs Monetary Policy Key Question: 1. What are the limitations of Fiscal policy?...
Limitations: Fiscal policy vs Monetary Policy Key Question: 1. What are the limitations of Fiscal policy? 2. What are the limitations of Monetary policy? 3. Which policy do you think is the most effective out of the two policies (Fiscal or Monetary policy). Why do you think so?
What role does determining negligence play in works compensation cases?
What role does determining negligence play in works compensation cases?
NC General Statutes Chapter 25 (to answer questions below) What is the statute of limitations regarding...
NC General Statutes Chapter 25 (to answer questions below) What is the statute of limitations regarding contracts for the sale of goods?
In each of the following situations, state whether the statute of limitations on assessment is suspended:...
In each of the following situations, state whether the statute of limitations on assessment is suspended: a. the taxpayer files a petition in Tax Court to litigate the deficiency in tax proposed by the IRS. b. The taxpayer files a petition in bankruptcy with the federal bankruptcy court.
What is fiscal policy? Who sets it? What are some of the limitations of fiscal policy?...
What is fiscal policy? Who sets it? What are some of the limitations of fiscal policy? Do these render fiscal policy ineffectual? Why or why not?
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT