The manifestation of damage or its aggravation gives rise to a right to compensation for the benefit of the victim against the perpetrator of this damage. This right is however locked in relatively long legal deadlines.
Beyond the question of the delay of the action in compensation also arises that of the starting point of the count of the prescription.
Indeed, when and how the compensation action can prescribe by the passage of time that passes?
The law is always conditioned to a notion of time, of delay.
How Long Does a Compensation Claim Take?
Given the possibility of aggravation of the damages suffered in certain situations and, consequently, of the unlimited duration of the compensation claim, the law provided for a deadline of 20 years from the date of the incident.So there’re two overlapping deadlines: 10 years and 20 years.
In addition, it’s important to note that the limitation period is suspended when the parties decide to resort to conciliation or mediation.
It is thus left necessary for the parties to consider and discuss among themselves a possible amicable solution on the question of the compensation and, this, without fear for the victims to lose their rights to take legal action the optionally.
When an incident occurs, the delegated departmental manager is responsible for managing the risk associated with the processing of any claims made between a department and other sectors.
The managers involved in a claim should always seek legal advice from their department. However, in some situations, managers must consult them. For example, where a claim is accompanied by legal proceedings or where a payment in excess of $ 25,000 is being considered, senior departmental officials are responsible for referring the claim to the department’s legal services to determine if legal obligations exist so you can contact Greenwald law firm for further legal advice.
Claims involving state officials against the state by a state official, or by the state against a state official are usually negotiated by the Justice Department.