SoL & Repose Flashcards
What is SoL?
SoL is The time period within which a claim or counter claim can be brought.
What is the general rule for SoL ?
The clock starts when the injuey occurs or the point of injury.
What is the discovery rule?
the discovery rule is when the plaintiff discovers or a reasonable person should have discovered the injury.
What is tolling? and when does it occur ?
Tolling is the pause button for SOL.
Tolling occurs when 1 of the 3 occur, P files a lawsuit. P is a minor. P is in prison.
What is the statue of repose?
is a counter rule to the discovery rule, it adds an alternate time period in which focuses on the defendants act rather then the time the harm was inflicted or discovered.
How do SoL and SoR work together?
Whichever statue ends first is what halts you from filing suit.