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My Daughter Has Erbs Pasley Due To Birth Injury ? But Iwas So Young I Knew Nothing About Sueing Is It To Late?
She Is 14 Yrs Old
I'm afraid so. There's usually a 2 year statute of limitations on that sort of claim. Even if it's longer, it wouldn't be that long. Sorry.
ok, wait... different states say different things about when the statute of limitations begins to run. some states are really strict about it saying that it starts to run when the breach occurs (which is really hard for products liability since the thing might not be packaged shipped and bought before the 2 years expires... SoL would start running when the thing was manufactured). other states say that it starts to run when you have knowledge of the breach (like when the product breaks and injures you). and still other states will say that it starts running when you have notice of a causal connection between the act that was the breach and the injury. But that last is a minority. The rule I was supposed to learn for my torts class (for my exam that I just took in December) was the second one: that the SoL begins to run when the injury occurs. The case in our textbook refused to allow a lawsuit where this man was injured by the chemicals at the plant where he worked and he went to doctors who tested him and they couldn't give any tesitmony that there was a causal connection until a doctor that he went to 20 years later... even though that was the first time that he could bring a lawsuit, the SoL had already run because the SoL is a thing to limit the number of lawsuits... and because the courts don't want liability based on this after-the-fact knowledge because the employer wouldn't have known at the time that he had been using dangerous chemicals.
Even if, as my fellow answerer has stated, the SoL wouldn't start until you learn of the possible wrong doing, the SoL would have already run because you knew of the wrongdoing at the time when your daughter was born... the fact that you didn't realize you could sue doesn't matter to a court.
Even the information he states regarding the extension of the SoL for disabilities and infancy is flawed... I checked the website and it does say that, but there's a separate category for medical malpractice where it says 3 year SoL or 1 year from date of learning of the injury and that children can bring suit until they're 8... and 14 is older than 8
Actually, the information about the extension of the SoL for disability or infancy I did learn, it in regards to property law... disabled people can't make a lawsuit if their property rights are infringed, so they have until the disability has concluded before they have to sue... if that's their whole life, then their successor can sue.
I am very sorry about your daughter's injury and if you want to be sure, you should talk to a lawyer because the law in your state might say differently. but the law as far as I know, would not permit your lawsuit.
How Does Marxism Influence Family Law If Applied?
I'M Making A Research On How Marxism As An Ideology In Totalitarian States (Such As Former Ussr For Instance) Influences Family Law. I Would Be Happy To Know Your Ideas And Thoughts About It.
There is no peaceful co-existence between Communism and bourgeois law, and its social forms like the family.
The family plants the seeds of anti-social feelings and actions, because it attaches interest to a particular circle of accidental relationships at the expense of communitarian living.
The abolishment of private private was not only material, but legal, social, cultural as well. That's what a revolutionary change means: the complete removal of private barriers and locations.
The factory unit was the ideal form of social living, not the isolated, private family.
In fact, the early Reds were great advocates of abortion, abolishing marriage, dissolving families into communal units, moving women into full labor equality, having work place units provide child care.
My Family In-Law Please Help ?
Ok My Boyfriend And I Is Together For Pass Two Yrs Now.
My Family In-Law Is Every Clothes I Meaning Every Clothes, Everybody Is Getting Together Every Holiday, Birthday, Anniversary And Sunday Dinners.
The Three Person How Like Me Is My Mother In-Law, Father In-Law And The Sister In-Law.
Every Body Else When Me To Get Out Of Their Family.
My Boyfriend Has A Big Brother And His Girlfriend And He Is Together For 4 Yrs Now.
She Tried Every To Get Me Out Go This Family, I Mean Every Thing One Day She Tell Everybody Her Daughters Was Sleep And The Pillow Cover Her Face In She Said It Your Me How Was Tried To Do Something To The Baby.
I Was So Bad.
She Also Said I’M Only In This Family For The Money. (My Mother In-Law Own 2 Nursing Home And I Work For One, Was Their When She Starts The Business, I Also Was Their When My Boyfriend Start His Business Of Construction.)
Now My Mother’S In-Law When To Have A Meeting Whit Everyone To Solve The Problem She Toll Me To Tell Her Our I Feel About Her Doing That. What I Need I Said To Her Don’T Know Will Be Every Nasty. Help
I learned this one the hard way! You speaking up about it or your mother in law will DO NO GOOD! If you are your boyfriend's choice HE is the one that needs to make it known. There are members of my husbands family who do not like me either, but he had to stand and say "this is my wife, she is my choice. I am the one that lives with her, I am the one that will be raising children with her" No matter how many times I would have said it before he did that it would have been pointless. Your boyfriend really is the one needs to stand and take action to see it stops. If he's prepared to do that great! If not this meeting will be nothign but arguing and name calling from the sounds of no matter what you or your mother in law say. Personally, now that my husband has done this, those that did not like me now at least know they've GOT to tolerate me and accept his choice. The best you can do is be patient and tell HIM how you feel. Be nice and be kind to the rest if you must spend time with them. It will only make your boyfriend more sure that you are not the one causing any problems. I can also say from experience that my marriage has become FAR richer by allowing my husband the time he needed to be able to say things like this to people he loves dearly. Your boyfriend may be torn just the same as my husband was, but the time will come where it will have to be form him or it won't stop. NO MATTER WHAT you say or do about it!
A Global/International Lawyer?
As A Career, I Would Definitively Like To Pursue Law And Be A Lawyer, But I Also Want To Be Able To Move To Different Cities In North America And Europe And Live There For A Few Years.
Is This Possible? To Be An &Quot;International&Quot; Lawyer? Would That Comprimise My Career?
It is my opinion that you cannot be a lawyer in several countries unless you are prepared to retrain depending on which country you are going to move to as law differs everywhere.
Even a plumber from the UK to Canada has to retrain.
It is known that lawyers and doctors from Europe have difficulties in their chosen profession when moving to the states for example. They sometimes end up leaving their profession entirely as their credentials are not recognized abroad.
"Hire A Good Lawyer"?
How Can You Tell If A Lawyer Is Good Or Not? I Paid $7000 Upfront For My Lawyer, But Someone Said That Their Price Doesn't Determine Their Effectiveness.
Well, it would be pretty tough to make a living charging fees clients won't pay. Generally, senior more experienced counsel are more expensive. Sometimes mere associates at a large firm are forced to charge more than they're worth to support the expensive office furniture they warm. The thinking is that in return for higher fees you'll benefit from her/his access to a wide array of more senior people, but in reality, the environment is usually so cutthroat, I wouldn't expect much 'sharing.'
It's very good to be clear up front about what you expect from atty and when you expect to hear from them. Time is money and, frankly, you really don't want to hear from these people unless they have something important to ask or report. Like cops, it's better when they're not around.
You would be well advised to vet atty with the local governing body/law society/bar association AND trawl the Reasons for Judgment database at the local courts website to search for her/his cases. You could certainly ask atty for the style of cause (ie., Jones v. Smith (1998), for several of his cases with facts like yours to see how s/he fared. Anyone who is reluctant to comply with such a request should be ix-nayed! Informed clients are most often easiest to work with. They're expectations tend to be within the realm of reasonable. They're not expecting natural justice, in other words, but reasonable compensation for some sort of wrong or a reasonable defense.
How Will A Lawyer Back You Up If You Were Wrong By Breaking The Law?
Lets Say You Killed Somebody And Somebody Presses Charges Against You And If That Person Who Murdered Someone Had A Lawyer To Try To Get Him Out Of Jail, How In The World Is The Lawyer Able To Back Him Up? I Mean, Most Lawyers Defend Their Clients Even If The Client Was 100% Wrong And Even If The Criminal Is Viciously Dangerous! Some Lawyers Will Even Lie, Some Will Say It Was Ok For What The Client Did And Try Any Maneuver To Get The Client Out Of Jail, And The Lawyer Will Argue Against The Case If The Person Was Wrong So In Other Words, The Lawyer Seems To Always Be On The Criminal’S Side Even If That Criminal Is Wrong And Hurt Somebody!
Why Do Lawyers Always Have To Defend Criminals? If So, How Do They Do It?
Criminal defense is just one of many aspect of law, there are lawyers who set up trusts, there are lawyers who deal in contracts between corporations, there are lawyers who are civil lawyers who defend people in personal injury cases seeking money to cover lost wages and medical expenses. Lawyers who spend all their time drafting and fighting to uphold patents.
Criminal defense is just a part of the lawyer field. If you really want to know how a lawyer copes with defending guilty people then go ask one. They all register with the state/federal bar association. You can one up who does criminal defense and go and ask them these questions.
I can give you generalizations of answers but if you really want to know find a lawyer and ask. They are doing their job, a trial is the arena where they do their best to get the best outcome for their client. This often leads to plea bargains but on the low percentage of cases that make their way to trial they do their job by doing their best to get their client found not guilty. If they don't they will lose their job or be fined. Most lawyers never ask their client if he was guilty because if the client says yes he/she did it they can't knowingly have the person lie on the stand and say otherwise.
They most likely sleep at night believe that it is better that 10 guilty people be free than to have 1 innocent person in jail.