Statute of Limitations

Question 1

Define: Statute of Limitations

Answer 1

Legislative acts which provide time limitations for bringing a legal claim.

Question 2

When does the statute of limitations begin to run in negligence cases?

Answer 2

At the moment the injury occurs unless the injury falls into the discovery rule

Question 3

What is the discovery rule for the statute of limitations?

Answer 3

The rule that limits the statute of limitations and makes it so that it does not begin to run until a reasonable person would recognize their symptoms and associate them with the negligence of the D.

Question 4

how long is the statute of limitations for Medical Malpractice in Illinois?

Answer 4

2 years.

Question 5

What are the majority and minority views on repressed memories and the statute of limitations?

Answer 5

Majority view: Most courts do not recognize repressed memory as a reason to activate the discovery rule and toll the statute. Repressed memories are the same as forgetting.
Minority View: Rules that repressed memory of sexual abuse may trigger the application of the discovery rule to toll the statute for a reasonable period of time. But this has a very high burden of proof and is very difficult to prove

Question 6

Define: Statutes of Repose

Answer 6

Legislative provisions which completely extinguish a claim, even if not discovered until after the running of the statute of repose.

Question 7

Can the discovery rule get around a statute of repose?

Answer 7

1) Some states - very rarely, but yes.
2) Some State- Statutes of repose have been ruled unconstitutional
3) In 3 states, including IL- It is constitutional and absolute.