From what I understand about the SOL, the reason we have them is to be FAIR to both parties. I highly doubt that any of my treating physicians or hospital administrator
have the brain damage I have. It's clearly written in the Atlas of
Pediactric Physical Diagnosis that the
injuries will cause developmental
delays, as well as learning disabilities.
I was in a coma for 10 weeks, I'm
surprised I don't wear a diaper. How
is it fair that someone like myself be
required to figure out the issue at
the same rate as someone without
multiple traumatic brain injuries? I
was also being drugged by my
parents at the young age of 3, I'm
sure that didn't help much either.
Some docs have passed, but the 1's still with us have not forgotten, my case is so rare they haven't seen since. I'm 32
Car / Auto Accident Lawyer
Tolling of the Statute of Limitations
In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).
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1 lawyer agrees
Car / Auto Accident Lawyer
I am also uncertain as to what your actual question is.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference