What rights does a young adult have to bring an action dating back many years to a time when he or she was a child? An example may be instructive on this issue. A young adult, 20 years of age, learns that when she was 3 years old she suffered from an elevated lead level. The Department of Health had come to her apartment which was owned by a private corporation. The Department of Health issued violations for the presence of lead based paint. The violations were ultimately corrected by the landlord. Her mother never sued.
Throughout her school years she struggled with her school work. Ultimately, through hard work and sweat and tears, she obtained a high school diploma. She now attends college but has a nagging feeling that she was damaged by the lead poisoning. Can she still sue the landlord for the lead poisoning?
Most consumers know all about the statute of limitations. The lead poisoning occurred 17 years ago. Surely there is no way to still take action.
The fact is that in many cases she can still sue!
Although a number of years have passed, children have a toll on this statute within New York state. CPLR 208 is where this toll can be referenced. It means that someone who has been disabled has a remedy - this refers to children. This in turn suspends the statue of limitations all the way until the individual becomes 18 years of age. If the limitations for the claim in question is 3 years from accrual, then it is possible to seek damages.
This law is incredibly important, but there are special applications and exceptions for every case. If you were harmed as child and your parents did not sue, get in touch with an attorney right away. This is important for all types of personal injury claims including trip and fall accidents, bike accidents, car crashes, abuse, assaults and many other injuries. Different statutes of limitations may be applicable and thus, taking rapid legal action could be vital for preserving the rights that still exist.
Throughout her school years she struggled with her school work. Ultimately, through hard work and sweat and tears, she obtained a high school diploma. She now attends college but has a nagging feeling that she was damaged by the lead poisoning. Can she still sue the landlord for the lead poisoning?
Most consumers know all about the statute of limitations. The lead poisoning occurred 17 years ago. Surely there is no way to still take action.
The fact is that in many cases she can still sue!
Although a number of years have passed, children have a toll on this statute within New York state. CPLR 208 is where this toll can be referenced. It means that someone who has been disabled has a remedy - this refers to children. This in turn suspends the statue of limitations all the way until the individual becomes 18 years of age. If the limitations for the claim in question is 3 years from accrual, then it is possible to seek damages.
This law is incredibly important, but there are special applications and exceptions for every case. If you were harmed as child and your parents did not sue, get in touch with an attorney right away. This is important for all types of personal injury claims including trip and fall accidents, bike accidents, car crashes, abuse, assaults and many other injuries. Different statutes of limitations may be applicable and thus, taking rapid legal action could be vital for preserving the rights that still exist.
About the Author:
Get the compensation you deserve with the help of a verified Brooklyn personal injury attorney. Visit this recommended law firm's website now at http://frankellawfirm.com/.
No comments:
Post a Comment