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

UPDATED: Mar 10, 2013

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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


Catherine Blackburn / Blackburn Law Firm

Answered 9 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.

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 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.

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