Brain Injury & Head Trauma
Statute of limitations on brain injury cases
by Ronald Ramirez | Oct 3, 2018 | Firm News
It is vital for anyone who has suffered from a brain injury to look into filing a claim as soon as possible. Residents of New York must file a claim within three years of the injury taking place. The trial does not have to be over within three years; the sufferer simply needs to begin the legal proceedings.
A judge recently threw out a case involving professional wrestlers from the 1980s and '90s who claimed their employer failed to take proper action to prevent brain injuries from occurring. The reason for throwing out the case involved the statute of limitations already passing. Anyone who has suffered similar injuries should not delay in filing a claim. The sooner someone seeks compensation for a brain injury, the sooner he or she can recover damages.
Why does a statute of limitations exist?
Brain injuries are incredibly serious, and some people have received millions of dollars' worth of compensation. The reason there is a statute of limitations for such a serious injury is to entice people to seek legal action sooner rather than later. The law also prevents old, outdated cases with unreliable information tying up the court's time.
Are there options if you file a lawsuit too late?
Most of the time, individuals with brain injuries will be out of luck if they fail to file a lawsuit within three years of the injury occurring. There can be exceptions, but they are few and far between. For instance, in the event a person was unaware he or she sustained a brain injury for a year following the accident, then a judge may feel obliged to allow the lawsuit to proceed. Another example where you can start a case after the statute of limitations involves the defendant fleeing the state. This action may make it impossible for your legal team to serve the proper paperwork in the allotted amount of time, so a judge may provide you with an extension.
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