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Simple English definitions for legal terms
several-remedies rule
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A quick definition of several-remedies rule:
The several-remedies rule is a rule that helps a person who has different options for seeking justice, like going to court or filing a workers' compensation claim. If they file in one place and then later decide to go to another place, the rule stops the time limit for filing from running out. This only works if the other party won't be harmed by the delay.
A more thorough explanation:
The several-remedies rule is a legal procedure that allows a plaintiff to toll (pause) a statute of limitations if they have multiple options for seeking legal remedies. For example, if a worker is injured on the job, they may have the option to file a workers' compensation claim or a lawsuit against their employer. If the worker files a claim with workers' compensation and later decides to pursue a lawsuit, the several-remedies rule allows them to do so without being barred by the statute of limitations.
However, this rule only applies if the defendant is not prejudiced by the plaintiff's decision to switch forums. For example, if the defendant can show that they were harmed by the delay caused by the plaintiff's switch, the several-remedies rule may not apply.
Here is an example to illustrate the several-remedies rule:
John is injured on the job and files a workers' compensation claim within the statute of limitations. After receiving workers' compensation benefits, John decides to pursue a lawsuit against his employer for additional damages. Even though the statute of limitations for the lawsuit has expired, the several-remedies rule allows John to proceed with the lawsuit as long as his employer is not prejudiced by the delay.