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Statute of Repose

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In the city of San Luis Obispo, a person that is injured in an accident is entitled to file a lawsuit and seek compensation for their injuries, but they are limited by a statute of repose. This is similar to a statute of limitations, but is much more exact.

A statute of limitations has many exceptions. For example, there may be some type of delay in discovering or diagnosing an injury that is of no fault to the victim. This may extend the statute of limitations. A statute of repose, on the other hand, is in place to immunize the at-fault party from liability over the long term. Statutes of repose are enforced strictly.

A further difference is that a statute of limitations begins when an injury is diagnosed or discovered. A statute of repose begins when an act is completed. Statutes of repose most often occur in products liability law and probate law, but may take effect in other types of personal injury law.

A statute of repose may cause an injured party to be denied a settlement. For example, if a person was injured by a product that was sold to that consumer 10 years ago, and the statute of repose is 10 years, the person would not be able to seek remedy, even though the statute of limitations would not start until the injury occurred.

Any person who has been injured in an accident should consult an experienced attorney to determine whether or not they have time to file a lawsuit seeking compensation.

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