When entering into a toll agreement, a lawyer can, with reasonable efforts, help identify and retain evidence. Such efforts can provide a good faith basis for refuting an accusation of plunder. If the other party has significant evidence, the toll agreement may include a specific provision for the identification and retention of such evidence. Here`s what you need to know. The applicant underwent surgery on January 12, 2012 and suffered a complication that a surgeon would have caused due to “problems” and “dysfunction” with surgical devices. Id. at `1-2.` Despite the complication, the plaintiff was dismissed a few days later in good condition and, although she was apparently no worse for wear, she contacted a lawyer in September 2013 after seeing a television commercial. Id. at 2.
The timing is obviously important – the plaintiff`s contact with counsel was only a few months after her trial. So if you think you might soon be involved in a lawsuit, consider buying some time with a toll contract. You get some of the benefits of a process strategy without any cost. (2) Commercial considerations among co-accused may have an impact on decisions on toll agreements. While a toll agreement seems to benefit a plaintiff in the first place, there are also some good reasons why a defendant wants to enter into a toll agreement. One reason is to give an applicant additional time to assess the feasibility of their application; Without a statute of limitations, an applicant may be forced to take legal action only to meet a deadline. Where litigation can be avoided, it may be advantageous for a defendant to agree on the term limit for a specified period of time or until certain conditions are imposed. The statute of limitations is a time limit within which an appeal must be lodged.
In Maryland, most complaints must be filed within three years. Md. Code Ann., Cts. & Jud. Proc. With a few exceptions, if a right is not sanitized before the expiration of the prescription, it is prescribed forever.