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I sustained a severe traumatic brain injury when I was hit by a car while walking.

Santee, CA |

Its been 4 years and I am just now finding out what happened including the surgery performed for the numerous hematomas contusions and clots. Also I discovered that my spouse at the time, gave the Drs false information about me which affected the treatment I was given for my brain injury.

Attorney Answers 8

Posted

I think the limitations period for injuries to the person in California is two years. Surely you knew you had a traumatic brain injury at the time it occurred, although you may not have known the extent of the damages. I think it highly likely the suit would be barred at this late date. However, claims are tolled (i.e. the clock on the statute doesn't begin to tick right away) for various reasons, including the incapacity of the plaintiff, so maybe your window of opportunity is somewhat larger, if you were unconscious for an extended period, a fact you have not suggested above.

Consult California counsel who will assist you to evaluate the present viability of any claims you may have. Don't take what I say here as legal advice as I don't hold California licensure or practice there.

Good luck in what I am sure must be a difficult recovery.

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L. Maxwell Taylor

L. Maxwell Taylor

Posted

If I have misunderstood what you wrote, and you are only now becoming aware that you were in an accident, please forgive my misunderstanding. In such event I would urge you to hire competent personal injury counsel without delay.

Posted

Immediately consult with a local personal injury attorney -- preferably one who has handled brain injury cases before. If you do not know a local attorney, contact your local county bar association for a referral.

Good luck!

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Posted

Were you incapacitated for 4 years? Some of California's time limitations are based on the time of discovery of injury (ex. 1 year). Other time limitations are based on set periods, like 2 years from the accident or 3 years from a medical malpractice. You need to consult an attorney immediately.

These discussions are not a substitute for a lawyer's investigation and analysis, which are requires for final decisions about the particular rights involved.

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Posted

You need to contact an attorney right away to review the matter. There are certain statute of limitations that apply to a claim and you need the matter reviewed.

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Posted

Many States have exceptions to their statute of limitations based on incapacity. This may not apply in your situation. As all of the others have suggested, the only way you will know for sure is to consult with a local personal injury attorney. Most attorneys offer free consultations, and will pursue on a contingency fee. Good Luck to you.

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Posted

As stated generally the time limitation to file suit is two years from the date of incident. there a few tolling previsions such as incapacity; however, there some others tolling exceptions that will need to be researched by an attorney. Don't wait any longer consult an attorney now.

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Posted

There are several arguments that you can assert to preserve your claims despite the passage of time. Your best source of recovery will be against the driver of the vehicle if we can overcome the fact that the accident occurred more than 2 years ago. Please give me a call and I would be happy to point you in the right direction.

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Posted

Due to the delay in time since the accident, the statute of limitations may have expired. You need to contact a personal injury attorney that specializes in traumatic brain injuries as soon as possible. I have over 20 years representing clients with brain and spinal injuries throughout California and I cannot overemphasize the importance of finding a car accident attorney with the knowledge to get the job done. I wish you the best of luck.

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