Statute Of Limitations Exceptions And Your Personal Injury Claim


Being the victim of another's negligence can result in devastating injuries, sometimes causing damages that result in a permanent disability. If you have been injured or become ill and failed to file a claim for damages in a timely manner, you should know that it might not be too late. Even though every state has a statute of limitations rule in place for personal injury cases, there are several major exceptions. If you fall into one of the below categories, you may still have time to make a claim. Read on to learn more about how you may still be able to be compensated for your damages.

Rule of Discovery

This rule, also called the discovery of harm rule, was created to allow people to file for damages for injuries or illnesses that may have not been apparent at the time of initial exposure. Toxic substances, such as asbestos, may have caused harm beginning with the initial exposure. Since the full effect of the illness caused by this exposure may not have become known until many years later, the statute of limitations may be extended to begin once the harm is discovered.

Exposure to asbestos can cause particular types of lung cancer, so the diagnosis by a doctor would signal the beginning of the statute of limitations for that particular state. Be mindful of getting proper medical care if you suspect you have a medical condition caused by a harmful substance, since the statute of limitations could be adjusted to begin at the time a reasonable person would have sought medical care for the symptoms.

Harm to Minor Children and the Mentally Ill

Children harmed by negligence may have up to their 18th birthday for the statute of limitations clock to start ticking, even if the injury occurred when they were infants. The mentally ill generally have no statute of limitations imposed on them at all. For those who are temporarily incapacitated, such as in a coma, the time begins once they have regained full use of their faculties, which must be certified by medical professionals.


Though this varies from state to state, the statute of limitations stops "tolling", temporarily at least, when that person who suffered the injury moves out of the state. When the injured person moves back to the state where the harm occurred, the time begins to once again "toll".

If you think that your circumstances falls into one of the relatively rare situations above, don't delay in seeking the advice of a personal injury lawyer. Even if you think it's too late, see an attorney and allow a legal professional to evaluate your case.   


31 December 2015

Stay Calm and Keep Fighting

When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.