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Some of the cites we server are,
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.
I Want To Become A Defense Lawyer...?
I Want To Become A Defense Lawyer, But I Am Only In High School. Can You Tell Me Classes I Can Take And Also The Type Of Education I Can Do After High School. Thank You!
Warning! Jobs in the field of Law are drying up FAST! This is NOT a good field to invest in! Many reasons. Main reason?....We simply have WAY TOO MANY Lawyers - we have a GLUT of Attorneys!
So.....even IF you finish law school, you probably won't be able to find a job when you are done with your studies - plus you'll have approx $150,000+ in debts.
The law schools know this, but they continue to churn out graduates. The law schools know that the economy is SATURATED, but law students are easy money for law schools - very little investment.
Suggestion: Consider and look into the field of HEALTHCARE! <<< LOTS of jobs there! and scholarships! The field of Healthcare is hot!
How Does A Child Endangerment Charge Effect A Child Custody Case.?
Lots of divorce and custody cases have false accusations of things like this. Judges are used to it. If they feel that there is possible danger to the child or a bad environment or unfit parents, an investigator will be assigned. States have different names for this, but it could be Child Protective Services doing a home inspection, or an actual attorney assign to the child.
That person makes a report to the judge, which is very heavily weighted in the custody decision.
SO... you ex accuses you of endangerment. You have nothing to fear unless a court appointed person reports to the judge that you are dangerous.
That's all assuming you aren't actually convicted. If you're convicted of anything your custody hearing is going to go badly for you.
Experience Texas Lawyer Answer Only Please. I Am Make Attempting To Get Custody Of My Children. Drug Test?
I Am A Male Living In California But I Am Getting A Lawyer In Texas (Children Are There) Can The The Court Make It Mandatory For The Mother Of My Children To Do Mandatory Test During And After The Temporary And Final Orders? Also Can The Court Make It Mandatory For Her To Do A Physch Eval? She Has A History Of Doing Drugs But I Dont Think She Is Now Because She Doesnt Have Any Money?
If you want to ask a question of an experienced Texas lawyer you're going to have to refer to a Law Firm in Texas rather than an internet message board.
Juvenile Law Questions?
Johnny Is 10 Years Old And Left Alone While His Parents Are At Work. He Decides To Steal A Bike From His Neighbor. Officer Find Him Riding The Stolen Bike And Arrest Him. At The Scene They Check Him For Weapons And Contraband And Find A Knife On Him. During The Interview He Condesses. What Welfare And Institutions Sections Apply And Why? What Is The Probable Cause And Define? Describe The Search Issues Involved And What Issues Are Presented By The Interview Of Him? What Is His Juvenile Crime Classification?
At 10 yoa, Johnny is not old enough legally to be left alone. By law, Johnny should not have been interviewed without a parent present. There must be a reasonable effort to locate johnny's parents. Probable cause exist when the police matched the description of the stolen bike with the bike Johnny was riding and because Johnny is an supervised juvenile. The search was incidental to arrest and is "procedure" for safety reasons. The juvenile offense is a misdemeanor.