After 30 years have passed, do I have a right to sue a daycare for negligence which caused a fractured my skull and also TBI?

Get Legal Help Today

 Secured with SHA-256 Encryption

After 30 years have passed, do I have a right to sue a daycare for negligence which caused a fractured my skull and also TBI?

I am a little person, another words I have dwarfism. My body is very fragile and when I was 6 or 7 years old, I was picked up by 2 small children and dropped on the concrete headfirst and my skull was fractured. The fracture made me lose my hearing in my left ear and also has caused me numerous problems with traumatic brain injury. Do I have a right to take legal action against the daycare that was negligent in supervising me that many years ago?

Asked on February 15, 2019 under Personal Injury, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is far too late to sue. The statute of limitations, or time period to sue, for personal injury is only 3 years in South Carolina. Even if you could have possibly made the argument that since you were a minor at the time, the statutory period should not have begun to "run" until you were an adult and could take legal action, that would only have given you until age 21 to sue (three years from age 18). But if this happened to you when you were 6 or 7 and 30 years have passed, you are now 36 or 37--so it, unfortunately, is far to late to take legal action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption