my daughter has erbs pasley due to birth injury ? but iwas so young i knew nothing about sueing is it to late?
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May 9, 2009 | Filed Under Birth Injury Lawyers
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2 Responses to “my daughter has erbs pasley due to birth injury ? but iwas so young i knew nothing about sueing is it to late?”
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I’m afraid so. There’s usually a 2 year statute of limitations on that sort of claim. Even if it’s longer, it wouldn’t be that long. Sorry.
ok, wait… different states say different things about when the statute of limitations begins to run. some states are really strict about it saying that it starts to run when the breach occurs (which is really hard for products liability since the thing might not be packaged shipped and bought before the 2 years expires… SoL would start running when the thing was manufactured). other states say that it starts to run when you have knowledge of the breach (like when the product breaks and injures you). and still other states will say that it starts running when you have notice of a causal connection between the act that was the breach and the injury. But that last is a minority. The rule I was supposed to learn for my torts class (for my exam that I just took in December) was the second one: that the SoL begins to run when the injury occurs. The case in our textbook refused to allow a lawsuit where this man was injured by the chemicals at the plant where he worked and he went to doctors who tested him and they couldn’t give any tesitmony that there was a causal connection until a doctor that he went to 20 years later… even though that was the first time that he could bring a lawsuit, the SoL had already run because the SoL is a thing to limit the number of lawsuits… and because the courts don’t want liability based on this after-the-fact knowledge because the employer wouldn’t have known at the time that he had been using dangerous chemicals.
Even if, as my fellow answerer has stated, the SoL wouldn’t start until you learn of the possible wrong doing, the SoL would have already run because you knew of the wrongdoing at the time when your daughter was born… the fact that you didn’t realize you could sue doesn’t matter to a court.
Even the information he states regarding the extension of the SoL for disabilities and infancy is flawed… I checked the website and it does say that, but there’s a separate category for medical malpractice where it says 3 year SoL or 1 year from date of learning of the injury and that children can bring suit until they’re 8… and 14 is older than 8
Actually, the information about the extension of the SoL for disability or infancy I did learn, it in regards to property law… disabled people can’t make a lawsuit if their property rights are infringed, so they have until the disability has concluded before they have to sue… if that’s their whole life, then their successor can sue.
I am very sorry about your daughter’s injury and if you want to be sure, you should talk to a lawyer because the law in your state might say differently. but the law as far as I know, would not permit your lawsuit.
concerning the statute of limitations and when it begins to run.
the Supreme Court held that knowledge of an injury alone does not start the running of California’s statute of limitations. The statute only starts to run when a plaintiff learns of possible wrongdoing, even if the identity of the defendant is unknown.
Statutes of limitation determine how long you have to file a lawsuit. In the case of personal injury litigation, the type of injury as well as the state the injury occurred in are some of the factors used to determine the length of time you have in which to file.
n.y. For infancy (18 th birthday), incompetence, and insanity, statute runs from end of disability. Toll of 3 years, if SOL is 3 years or more. If SOL is less than 3 years, than it is extended by period of disability. For medical and dental malpractice, the maximum toll for an infant is 10 years.
I am not a lawyer. (aka: I have no idea what I’m talking about, but…). Always remember the value of free advice.