Help to translate to lamens terms please?

Question

A plaintiff who is claiming damages for personal injury in an action for negligence, trespass, nuisance or breach of duty may apply to have the limitation period extended. The plaintiff must show that:

* a material fact of a decisive character relating to the right of action was not within the plaintiff’s means of knowledge until some time after the commencement of the final year of the limitation period specified by the Act;
and
* there is evidence to establish the right of action apart from a defence based on the expiration of the limitation period.

“Material facts” include:

* the occurrence of negligence, trespass, nuisance or breach of duty on which the right of action is founded;

* the identity of the person against whom the right ofaction lies;
* the fact that the negligence, trespass, nuisance or breach of duty caused personal injury;
*the nature and extent of the personal injury caused by the negligence,

more specificly this statement

1 a material fact of a decisive character relating to the right of action was not within the plaintiff’s means of knowledge until some time after the commencement of the final year of the limitation period specified by the Act;

Answer 1

Well it's basically this.. "A plaintiff who is claiming damages for personal injury in an action for negligence, trespass, nuisance or breach of duty may apply to have the limitation period extended. The plaintiff must show that:"

That is stating that the person who wants to seek litigation (a lawsuit) for any damages to personal property or bodily injury in result of someone that may have been drinking and driving or someone who was trespassing and as result damaged something, or who have left something unattended to be damaged etc.. If they want to, they can apply to have time needed to bring fourth a lawsuit extended past the limitations (statutes of limitations = the time you have after the incident to file suite), but they need to show that the plaintiff didn't know about what has happened untill after the limitations time, or evidence of what has happened didn't surface untill the limitations time. The material facts that it says includes are proof of what the actual incident was (what happened and what was damaged or harmed etc.). The name of the person who did it, proof that damage or injury occured because of what they've done and how severe the damage / injury was and what kind of damage / injury. All in all it's saying what the person filing suit needs to bring lawsuit in time extending the statutes of limitations. Hope this helps :)

Answer 2

It appears that the you are wondering about the tolling of a Statute of Limitations, as it applies to several causes of action.

A Statute of Limitations acts as a complete defense against an action (or law suit), barring recovery from the suit by the Plaintiff.

For example, The Statute of Limitations for personal injury in a motor vehicle action is two years in California (last time I checked). If the person injured in the accident does not file a law suit within two years of the accident, then the Plaintiff will be barred from recovering from the suit if he files a claim thereafter.

However, according to the information posted in your query, the period for the Statute to expire may be extended, if there was something unknown at the time of the last year of the expiration of the statute; such as an injury that may not have been discovered until the passage of time; then the cour may allow an extension of time to file the claim, to allow recovery.

Does this help?

Answer 3

The person filing the suit says

- did not know that they had the right to pursue something until after the expiration date

- despite the expiration of the time limit, there is a right to argue the ________

Material facts:

- it happened

- the plaintiff

- the defendant neglected, trespassed, and didn't stick to the contract which resulted in the injury

- because the defendant was neglectful that the defendant should be liable for the injury

Answer 4

What specifically do you want translated?

Plaintiff = person bringing the lawsuit
Negligence, Trespass, Breach of Duty = torts (civil actions)
Right of Action = grounds and legal right to bring a lawsuit
Material Fact = something that matters

Other than that, it's a legal statement setting forth the requirements for determining standing and proving the elements of the civil tort actions.

Answer 5

It means if someone due to negligence, trespass, nuisance or breach of duty hurts you and you do not know about it or who they are until it is too late to sue (statute of limitations), the court may extend the time period to allow you to sue.

Answer 6

Here's the translation: get a lawyer.