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Medical waiver of statutes of limitations?
What kind of medical waivers/doctor's notes are most effective in using as valid documents to seek a waiver of statutes of limitations in filing civil claims ( i.e., for not having filed civil claims within their statutes of limitations due to health reasons)?
3 Answers
- Anonymous1 decade agoFavorite Answer
If the health reason was mental disability, you need an opinion from a psychiatrist or clinical psychologist. That is the only health condition that would extend a statute of limitations.
- 1 decade ago
Statutes that regulate the maximum periods during which a controversy is considered to be "justicible" will vary by state and by statute. Generally speaking, such limits can only be overcome by presentation of legally recognizable reasons or situations, but such a presentation must be very powerful to be accepted by a court. For instance, lets say you are prosecuted for a crime in the year 2000 and the offense was allegedly commited in 2000. Lets further say that, for that particular offense, the state imposes a statute of limitations of 2 years.
Assume that you are convicted in 2000 and sentenced to 5 years. You start filing appeals in the state court system and after 3 years, your case is finally accepted by the U.S. Supreme Court. The Supreme Court decides in your favor and reverses your conviction. The state can still bring another prosecution against you, even though it's past the 2 year statute of limitations.
- hexeliebeLv 61 decade ago
None. You had the same amount of time to find an attorney or to file a few papers so now you get to file a whole lot of paperwork to ask the court to extend the SOL which, in all reality, they won't do.