Is there any way around the statute of limitations regarding a personal injury?

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Is there any way around the statute of limitations regarding a personal injury?

When I was 10 I was at my “friend’s” house with his other friend. There they had asked to see how high I could swing on the swingset. One of them was waiting at the top of the swingset and purposely broke the chain once I reached the apex of the swing. I fell and hit my head on the cement, cracking my jaw and chin and suffering from concussion. No lawsuit were filed, and given my amnesia I thought I had only fallen off swing naturally (not lured and sabotaged). I have been suffering from complex PTSD and BDD ever since, and I retain the physical injuries. In my state the statute of limitations says that I would only be able to sue before 21 years old, alas that was last year;= but I was not fully aware of the event before. Do I have a case?

Asked on March 10, 2013 under Personal Injury, New York

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

There are practical and legal answers to this question.  Legally, there might be a way around the statute of limitations, but I bet it began to run when you were 18, not 21.  You might be able to extend the statute of limitations based on amnesia or disability.

However, the practical answer to the question may caution you about trying to extend the SOL.  If you win a lawsuit, what will you get?  From whom?  10 year old children may not be responsible for their actions.  The original homeowner's insurance has long since lapsed.  The parents may not be responsible.

You can consult a personal injury lawyer in your area about this, but I suspect there is little or no way to obtain any meaningful compensation for you.


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