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Can I still filed suit in Alabama?

Tuscaloosa, AL |
Filed under: Medical malpractice

I was born with Erb's palsy and when I was four my mother went to a laywer to filed suit on my behalf, but they told her I had to wait until I was 18. When I became 18 I went to another lawyer and he said I was to late. I also went to another lawyer and he said I could of filed suit when I was 24. Now I am 31 and I still live with Erb's palsy and have tremendous pain in my shoulder everyday. I would like to now my rights and what can I do to get justice for my pain.

Attorney Answers 4


There are certain considerations which can extend the statute of limitations but you don't appear to fall into their categories. Also, most states have something called the statute of repose which is the last time suit can be filed, even for people who are incompetent, minors, etc. You would also likely be outside of that statute too.

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I'm sorry for your struggles. However, I believe you would have had until you turned 21 to file suit. Now that you are 31, my opinion is the statute of limitations would have run already.

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I'm very, very sorry, but I believe it is too late. Of course, the advice of a local attorney would be the final word on this issue, so I recommend you consult a few attorneys in your area before you reach a conclusion. You can search the attorney profiles here on Avvo. Good luck!

You may contact Ms. Brown at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Sorry, too late.

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