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Statute of limitations / Tevis versus domestic tort (STD transmission)

  • 1.  Statute of limitations / Tevis versus domestic tort (STD transmission)

    Posted 03-06-2018 07:18 PM
    The statute of limitations, as you point out, is two years. That's for a domestic tort (no relevance to Tevis).

    The point of Tevis is that it gets you around the two year statute of limitations. Client has to have an expert who can opine that s/he was so psychologically paralyzed that s/he couldn't reasonably have been expected to step forward and assert his/her right to sue earlier. If it's a "Tevis claim" and not just a "domestic tort", then the clock would start when s/he became capable of asserting her/his rights.

    If you're talking about transmission of an STD (for example, an admission by the ex that he got it and transmitted it), the damages are generally enough to warrant the cost of an expert. I had a client receive $300,000 (via former spouse's interest in the house equity being wiped out as damages).

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    Mar 6, 2018 5:53 PM
    Aneesah El-Amin-Jaamia, Esq

    Hello,

     

    Is anyone familiar with the statute of limitations for pursuing a Tevis claim related to the transmission of a sexually transmitted infection? For assault, it is two years, N.J.S.A. 2A:14-2. It is unclear to me if that also applies to the transmission of an infection/disease.

     

    Thank you,

    Aneesah

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