Monthly Archives: March 2013

Limitations On Filing A Case

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Wrongful death statute of limitations

Limitations on filing cases

George’s fourteen year-old met with an accident last fall and suffered serious injuries. The medical bills ran into the thousands and George, who was a carpenter, was running from pillar to post to find the cash. Young Michael fought against the odds for four years but unfortunately, finally succumbed to his injuries.

The aggrieved father then filed a case of negligence against the driver of the vehicle. However, the case could not proceed as the time for filing the suit had exceeded the wrongful death statute of limitations of the state. However unfortunate this may seem, it is the law and there are good reasons for having such limitations in place.

The Need

Courts decide cases based on evidences brought before it. This may seem heartless, especially after having heard George’s story but the fact is that courts cannot afford to be seen to judge cases based on the emotional state of affairs of the litigant. History has shown that as time passes, some evidence may deteriorate, or could be fudged to distort the truth. As such, the court cannot term such evidences as “reliable” and judgments based on the same would result in serious miscarriage of justice.

There is another aspect to these laws as well. Courts have to ensure that justice is done to all parties and the accused too has to be looked upon as a human being. In this case, there have been many arguments that frivolous litigations could be filed against persons with botched evidences. Moreover, the accused may have reformed or have suffered enough guilt that to punish him further would not be fair.

Personal injury

Filing for wrongful death

The state of Georgia has quite a few limitations depending on the case in focus. For example, if it is a case that has something to do with personal injury and wrongful death statute of limitations, the state declares a period of two years. Property damage on the other hand has a period of four years. A special case is considered for minors who have been involved in car accidents. For them, the statute of limitations provides a term until they attain the age of 18 years.

This period changes with state. There is a statute for limiting the period within which one ought to file a case for almost every case too. To know more, it would be best to consult a practicing lawyer who deals with these cases.

A Short Note On Habeas Corpus

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Writ of habeas corpus definition

Writ of habeas corpus definition given

Anybody who has seen court room movies or even read court room novels is likely to have come across the term ‘habeas corpus’. And a lot of you would be wondering what the term means. Habeas corpus is a Latin word and it means “you shall produce the body”. The writ of habeas corpus definition is simpler once you know the origin of the phrase. This writ is one of the most important aspects of criminal law, as it is directly linked to the protection of a person from wrongful detention or imprisonment.

Writ of habeas corpus definition

The definition of habeas corpus, and the writ of habeas corpus have been mentioned briefly above. Here is some more information which will help you with understanding the subject a bit more deeply. A habeas corpus  writ is one of the best tools a person can use to fight against wrongful detention or imprisonment. The petition for such a writ can be filed in a court of law by the person who is kept under illegal detention, or by another person, acting on behalf of the person under imprisonment.

The writ of habeas corpus, once obtained, can be produced by the person before  a prison official, jailer or custodian, to bring the person under custody to a court. The court will then determine whether the person is being kept under illegal imprisonment or not. The writ should mention that an error was made in keeping the person under imprisonment. It ranks high among the basic individual rights in the country. The Supreme Court has taken several measures to ensure that the writ of habeas corpus is not abused by prisoners.

wrongful detention

        habeas corpus explained

Functions of habeas corpus

The beginning of the writ of habeas corpus can be traced back to the English common law. During those times in England, the monarchs had the right to know why any of the people under his or her protection were being detained or imprisoned. The English common laws had provisions for enabling the monarchs to the writ of habeas corpus. In the United States, once it became a constitutional republic, the people of the state replaced the monarchs, granting every individual the right to habeas corpus.

Unlawful punishment by the authorities responsible for upholding the constitutional rights of the individual in question, can only be tackeld effectively with the help of writ of habeas corpus.

Some Info About IRS Audits

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IRS Audit statute of limitations

                                   IRS tax audits

The Internal Revenue Service (IRS) can request an audit anytime during a period of three years from the date of taxpayer’s return. The IRS can demand the tax records for the last six years if considerable tax mistakes are found.

Identification

The taxpayers that IRS will audit are selected using a software program making use of parameters that will identify the high-risk taxpayers who have a probability of underpaying their taxes. This software will determine which citizens pay their taxes properly and who do not.

IRS audit location

The IRS can perform the audits either through mail or in person. If mailing the receipts and tax records are an arduous task, then tax payers can request the IRS to conduct an in person audit. In person audits may be performed either at your office or at your personal residence. Generally, this is done in your office where the tax records are maintained. In case the IRS requires additional information such as proof of income or receipt of payment of expenses, taxpayers will be notified of it well in advance.

IRS audit statute of limitations:

As per IRS recommendations, taxpayers are advised to maintain personal tax information and records for six years, starting from the date on which it was filed. Additionally, business tax returns should be retained for the period of transaction plus another three years. Usually, after a tax return is filed, the IRS attempts to schedule an audit at the earliest possible date. The IRS statute of limitations for collecting tax liabilities is ten-year duration from the date on which it was filed. Prior to implementing the new regulations, the IRS requested extensions from taxpayers to extend this period of limitations. These extensions can no longer be used for tolling purposes.

Prevention

Internal Revenue Service

                  Statute of limitations for IRS audits

Individuals can deny the IRS’ request to extend the IRS audit statute of limitations, but in such a case, the IRS will prepare the final audit determinations based on incomplete tax information.

These are some aspects regarding the IRS tax audits and their statute of limitations. Tax laws undergo a constant change and so it would be best to consult your accountant and talk to an experienced attorney or a competent tax professional to assist you through the audits. You can also go through online legal resources to know the present laws.

Dental Malpractice Laws In Pennsylvania

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Wrongful death statute of limitations

     Filing a wrongful death lawsuit

A patient in Pennsylvania can file a lawsuit against his dentist for dental malpractices such as improper performance or an error in diagnosis. However, it should be kept in mind the lawsuit will be dismissed and the injured party deprived of any compensation if he/she does not file a medical malpractice lawsuit within the prescribed statute of limitations period after discovering the injury. The Medical Care Availability and Reduction of Error Act govern the statute of limitations period for medical malpractice in the state of Pennsylvania.

Dental malpractices

Actions that can count as dental malpractice are numerous and can include a diagnostic error or improper performance. Some of the actions that can come under diagnostic errors include failure to recognize complications post some procedure like an infection, failure to diagnose a particular condition or improper diagnosis of a tooth or gum disorder as periodontal disease, gingivitis or cancer of the mouth.

All kinds of inadequate workmanship comes under improper performance and includes actions such as extracting the wrong tooth, poorly executed crowns or fillings, performing a wrong procedure or failure to perform a procedure the dentist said he would perform, leaving foreign materials in a patient and failure to acquire an informed consent from the patient before performing a procedure.

Statute of limitations in Pennsylvania

The statute of limitations for an injury due to medical malpractice or wrongful death statute of limitations is two years in Pennsylvania. According to the discovery rule in Pennsylvania, the period for statute of limitations does not start until it is reasonably possible to discover the injury. However, this rule is not applicable in the case of wrongful death statute of limitations. In addition, in the case of injury to a minor, the statute of limitations period does not start until he/she becomes 18.

MCARE Act Effect on Discovery rule:

Dental malpractices

Statute of limitations for filing a dental malpractice suit

The discovery period is restricted by a seven-year statute of repose starting from the date when the injury was caused for cases that arise after the effective date of the MCARE Act. With the exception of foreign objects that are left in the body unintentionally, all other malpractices should be discovered within a maximum of seven years. Minors are given a grace period of reaching 20 years of age to file a lawsuit.

These are some aspects of the actions that can be considered as dental malpractices, the period of discovery and statute of limitations for filing a lawsuit against such injuries. Seek the assistance of an experienced attorney to help you through the procedure.