Considerations Regarding the Statute of Limitations when Filing Cases in TRS

Image of arrows on a road sign that read now and laterSometimes, a filer may wish to file a case and immediately defer it (e.g., if the statute of limitations for recovery is approaching and the reason for filing is to toll the statute). Basic information to notify the responder is all that is needed for the initial filing; full liability and/or damages arguments are not necessary. 

To file a case and immediately defer it, first complete the Incident Details workflow step. Then, go to Case Actions and select Add Deferment. Total Recovery Solution® (TRS®) will then prompt only the required fields needed to submit the case with a deferment:
Screenshot of the Case Actions option on the Incident Details and My Party Information screen

Screenshot of the Liability Arguments tab

Remaining aware of the statute of limitations is important for filers, because if a case has been filed, the option to defer will only appear if the responder did not answer the filing. If the responder filed its answer, the case is “Ready to Hear,” which means the case is immediately available for an arbitrator to hear it.
 
When filing a case, always consider the statute of limitations and whether it is approaching. If it is approaching, consider requesting the deferment immediately after it is submitted, as illustrated above. 
 


Article published in: May 2020 E-Bulletin