Tolling The Statute: You May Still Have Time To File For Money Damages
When you get hurt and your life is turned upside down by an event beyond your control, you have several statutes of civil law standing at the ready to make things better. Since our system of justice was built on fairness those personal injury statutes help both sides, however. You only have a finite amount of time to file a lawsuit against someone who's done you wrong, and if you wait too long you will lose regardless of the strength of your case. You should realize, though, that there are some major exceptions to the statutes of limitations and even if you believe it's too late that might not be the case. Read on to learn more about some rules that allow victims to toll (or suspend) the statute of limitations.
Not of age or capacity
In order to take action, you must meet certain qualifications and age and capacity is but one of those. Children under the age of 18 (the age of majority in most states) cannot actually take action against another party, but their parents can do so on their behalf. If the parents do not take action the minor still has an opportunity to file suit once they reach age 18 no matter how much time has elapsed since the act of wrongdoing. For example, an accident at birth might have caused the child permanent harm. That child now has every right to file suit against the person who harmed them.
People who are unable to file suit due to either physical or mental barriers also have the statute tolled. If a person in a coma recovers after the normal one-year limitation passes they now have more time to file suit. They are considered able once cleared by a doctor. A person with mental disabilities has no statute of limitations placed on their ability to file (or to have a guardian file on their behalf).
Unaware of the harm done
You might not readily recognize that harm has been done to you and when you do it's years later. That can happen when the form of harm was more gradual, leading you to miss the more obvious signs of harm until later on. Once you know about the harm, either because of medical treatment or because the impact of the harm has become more apparent, the statute of limitations begins to run.
One common example of gradual harm might be exposure to toxic chemicals, say lead in the drinking water. You may be unaware of the lead and not associate any physical or mental problems you and your family are experiencing with the presence of lead. Once the issue becomes known, you still have time to file.
It should be noted that once you discover the harm done you must still abide by the statute of limitations in your state. Seek personal injury attorney services if you think you been harmed, regardless of the passing of time.
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