Challenging Statutes Of Limitations

Summary

Statutes of limitations set time limits for legal actions. In New York, if a person is disabled when a cause of action accrues, the statute may be paused. This tolling can last until the disability is removed or for up to 10 years. Attorneys cannot bypass these limits but can argue for exceptions, such as fraud, concealment, or delayed harm discovery. Understanding these nuances can help in pursuing a just cause despite legal barriers.

Full Conversation

Are attorneys allowed to do that?
Attorneys can't simply bypass statutes of limitations. However, they can argue for exceptions based on specific circumstances, such as:
- Fraud or concealment
- Disability or mental incapacity
- Delayed discovery of harm
Would you like more detailed information on any of these exceptions?
What does disability have to do with that?
In New York, if a person is disabled at the time a cause of action accrues, the statute of limitations may be tolled (paused) until the disability is removed. This means that the time limit for initiating legal proceedings can be extended.
Would you like more details on how disability affects the statute of limitations?
Okay
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Sure, here are some more details on how disability affects the statute of limitations in New York:
- If a person is legally disabled (e.g., due to mental illness or other incapacity) when a cause of action accrues, the statute of limitations may be tolled.
- The tolling continues until the disability is removed, or for a maximum of 10 years.
If you need more specific information, feel free to ask!