but again, that's my perspective as a native New Yorker, I personally couldn't do it
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LSDefine
Simple English definitions for legal terms
damage rule
Read a random definition: war-risk insurance
A quick definition of damage rule:
The damage rule, also known as the legal-injury rule, is a legal doctrine that states that the time limit for filing a claim does not start until the claimant has suffered some kind of legally recognized harm. This means that the clock on the time limit for filing a claim does not start ticking until the plaintiff has actually been injured.
A more thorough explanation:
The damage rule, also known as the legal-injury rule, is a legal doctrine that states that the statute of limitations on a claim does not begin to run until the claimant has sustained some legally actionable damage. This means that the limitations period is paused until the plaintiff has actually been injured.
For example, let's say that someone was in a car accident caused by another driver's negligence. The damage rule would mean that the statute of limitations for the injured person's claim against the negligent driver would not begin until the injured person has actually suffered some harm, such as physical injuries or property damage.
The damage rule is important because it ensures that plaintiffs have enough time to bring their claims before the statute of limitations expires. It also helps to prevent defendants from escaping liability by delaying the plaintiff's injury until after the limitations period has expired.