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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.
The Father Of My Child Is Taking Me To Family Court Over The Paternity Of Our Child, But He Says That He Does Not Deny That Our Son Is His. We Went In For The First Hearing To Day And He Showed Up With A Lawyer And She Would Not Even Let Him Speak. There Is A Paternity Test Ordered Now. Him And I Still Talk And Are Trying To Work Out Or Relationship (He Left Me 2 Days After I Have Our Son), So We Met Up Today And He Told Me That After The Results Of The Paternity Test That We Can Settle This All Out Of Court. He Agreed That We Can Both Sign An Agreeement Between The Two Of Us, But I Dont Want Us To Do It And Then It Not Be Correct, Does Anyone Know The Best Way To Resolve This?
Well I'm sure his attorney told him to do the paternity test, which is ok cause you have nothing to worry about, just think of it as a technicality.
My ex and I went through mediation. that's where you and him go to two separate rooms and the mediator goes from one room to another and you both come up with court orders that work with ya'll best. After both of you agree, ya'll sign the paper and it goes to a judge that finalizes it and it becomes what both of you have to go by till the child turns 18/or out of college, or until one of you go back to court for modification.
Grandparents And Father Rights?
I'M 18 Years Old Just Recently Had A Child And The Fathers Name Is Not On The Birth Certificate. I Was Wondering What Rights He Has To The Child And What Rights His Parents Have. They Are Trying To Claim Grandparents Rights On The Baby And I Am Wondering What I Can Do, If They Have Any Rights, And What Should Be Done.
He has the same rights to the child as YOU do. His name doesn't HAVE to be on the birth certificate as long as he and the child share the sam DNA. Most states recognize grandparent's rights, they are allowed visitation of the child. You need to seek an attorney.
Ideas For A Construction Law/Real Estate Paper?
Paper Can Be On Anything Pertaining To Construction Law/Real Estate Related. Help!!!
Statute of Frauds
There are hundreds of issues related to construction and real estate law. A Google search might turn up some good ideas.
Lawyers, Law Enforcers And Legal Experts, May I Ask A Serious Question?
Lawyers Or Legal Experts, May I Ask You A Serious Question?
How Does One Go About Pressing Charges On A Y/A User For Harrassment? I Am Aware Of The Retrievieng An Ip Address, Which You Have To Have An Email Sent To You (Check-Got That)...So, What Must Be Done? What Are The Steps? This User Is Constantly (Daily Basis) Asking Crass Questions That Involve My User Name (And Others) And Making Comments With A Sexual Inuendo Towards Myself And Other Female Users.
You could start sending the abusive emails to your internet service provider also start reporting any abusive behavior to all appropriate internet sites where the harassment has taken place.
Keep records, a log of everything. A lot of states are now becoming aware of this very serious threat on the internet and are starting to pass laws to provide help for those who fall victim of it (internet stalking and harassment).
I would suggest doing a search for information on Internet Stalking and Cyber Crimes. There is a lot of helpful information out there unfortunately smaller towns are not staying up to date on this growing problem and are not able to provide the necessary support yet.