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  1. #11
    Join Date
    Jan 2006
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    37,429

    Default Re: When Does Insanity or Mental Incompetence Toll the Statute of Limitations

    cured doesn't enter into the equation. It's whether the person is sane at some point and as such can be held accountable. If the person relapses, then its back to where they were.

    as to the bound term: that is not whether they understand whether somebody hurt them. Its whether they understand they hurt somebody else. If they were harmed, others can stand in for them. Whether it be the state, in a criminal trial or a guardian in a civil situation, the injured party is represented by another party. It is when the injuring party cannot understand their rights that it becomes an issue. If one cannot comprehend their rights or cannot assist in their own defense, it is improper to prosecute them. They would not be able to understand their rights.

  2. #12

    Default Re: When Does Insanity or Mental Incompetence Toll the Statute of Limitations

    Thanks!

    I wonder then, why the term "bound" is included in the interpretation of insanity used in a state"s civil statute, with regard to the application of "tolling" a plaintiff's complaint? (I know, I know...go ask a lawmaker, eh?)

    See http://legislature.mi.gov/doc.aspx?mcl-600-5851 ,

    Where it states (again) "

    (2) The term insane as employed in this chapter means a condition of mental derangement such as to prevent the sufferer from comprehending rights he or she is otherwise bound to know and is not dependent on whether or not the person has been judicially declared to be insane."

    If the term "bound" applies to whether or not someone knows that he or she hurt somebody else, do you believe that particular statute applies to people accused of a crime, as well as those who--in a civil matter--were "insane," and unable to file a claim during the time period governed by the statute of limitations? (In short it's one rule that applies in civil matters as well as criminal matters?)

    Thanks again!

  3. #13
    Join Date
    Sep 2005
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    Default Re: When Does Insanity or Mental Incompetence Toll the Statute of Limitations

    A statute that applies only to civil lawsuits has no relevance to criminal prosecutions.

    In that context, "bound" refers to a legal expectation of knowledge. If your mental disability does not prevent you from understanding your rights, then it does not excuse you from your failure to exercise your rights in a timely manner.

  4. #14

    Default Re: When Does Insanity or Mental Incompetence Toll the Statute of Limitations

    Quote Quoting Mr. Knowitall
    View Post
    A statute that applies only to civil lawsuits has no relevance to criminal prosecutions.

    In that context, "bound" refers to a legal expectation of knowledge. If your mental disability does not prevent you from understanding your rights, then it does not excuse you from your failure to exercise your rights in a timely manner.
    Thanks!

    So, in the part of the statute that reads, "a condition of mental derangement such as to prevent the sufferer from comprehending rights he or she is otherwise bound to know" it seems there are at least two words that are critical:

    1) Comprehending
    and
    2) Bound

    Then, given the term "bound," how do judges/juries --in general-- define what a plaintiff is expected to know?

    Most people have heard the time-worn phrase, "ignorance of the law is no excuse," (I have no idea where that nugget came from)) but does that apply to ANY plaintiff in a civil case, or is there any "wiggle room?" with regard to what a civil plaintiff is expected to know about his/her rights?

    (Other than "sumbody dun 'em wrong.").

    Thanks again!

  5. #15
    Join Date
    Oct 2016
    Posts
    1,846

    Default Re: When Does Insanity or Mental Incompetence Toll the Statute of Limitations

    In a civil case there will either be an agreement of some type or statutory law re the issue at hand. If you are an adult you are expected to understand the agreements you enter and/or any underlying law.

  6. #16
    Join Date
    Sep 2005
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    Default Re: When Does Insanity or Mental Incompetence Toll the Statute of Limitations

    You are expected to know what a reasonable person in your position is expected to know. Any discussion beyond that will depend on the facts.

  7. #17

    Default Re: When Does Insanity or Mental Incompetence Toll the Statute of Limitations

    Thanks!

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