When I was 12 years old I passed out in school. I hit my head off a chalk board and the floor and when I came to, the teacher had put a bookbag under my head then asked me to walk to the nurse. I suppose I said yes, but I was unable to walk far before I fell to my knees again in the hallway (on the way to the nurse). So I just layed there till the nurse came to me. I wasn't going to attempt the stairs. Another teacher opened his door and saw me laying there but just went into his class, shutting his door. I know me fainting has nothing to do with them but how they handled the situation I think was very wrong for a school district. And also, they had no record of me fainting when we asked about it for doctors. Does anyone know what I could do about this, if anything, now that I'm 18? I didn't want my parents to make something of it while I was in school with all my friends back then, but now I realized we should have done something. Any advice or input would be greatly appreciated!
2006-12-04 09:39:05 · 7 answers · asked by Nikki 2 in Politics & Government ➔ Law & Ethics
the staute of limitations does not begin toll (run) until you reach 18, and then in most states you have 2 years.
So you probably have until you are 20 to file a suit.
Don't listen to Ryan D. He is a moron. Personal injury or neglgience claims are taken on a contingent basis, meaning you don't have to pay anything to your attorney at all, unless you win...so there is no "cost of Litigation" vs. "amount of reward" decision to be made.
You have until you are 20 to file your suit. Call a Personal injury attorney for a free consultation.
2006-12-04 09:47:02 · answer #1 · answered by orzoff 4 · 1⤊ 1⤋
The statute of limitations has probably expired on this claim, but that doesn't have anything to do with whether or not you turned 18 in the mean time. Your parents or legal guardian could have filed a suit on your behalf at any time after the accident, but apparently you decided you didn't want to do that.
Statutes of limitations exist for exactly this kind of situation. You had an opportunity to sue as soon as you were injured, but felt that the cost of litigation exceeded any benefit you might derive from a favorable judgment. The courts don't want you to be able to change your mind some time later if you decide that it's worth it because your situation has changed. You have, in all likelihood, missed your shot.
Statutes of limitations vary from state to state and from claim to claim. Without knowing where you live it is impossible to give a more precise answer than that.
2006-12-04 09:47:06 · answer #2 · answered by Ryan D 4 · 0⤊ 0⤋
Your statute of limitations has long since run. Your parents would have had to file the suit within two years of the injury. It may be different in your state. Check with an attorney for your best advice.
2006-12-04 09:41:53 · answer #3 · answered by Starla_C 7 · 0⤊ 0⤋
Unless you can prove a brain injury was incurred you can't do anything, but if you can I think you have 7 yrs. It sounds like a waste of time though without documents. The judge would throw this one out without lots of medical proof and he would probably just think you wanted a settlement.
2006-12-04 09:44:44 · answer #4 · answered by cargirldawn 3 · 0⤊ 0⤋
I'm not sure, but I think it is still up to your parents because you were under age at the time. The length of time allowed to sue depends on what state you live in.
2006-12-04 09:42:23 · answer #5 · answered by Gypsy Girl 7 · 0⤊ 0⤋
It has been too long. Your parents should have made a complaint when it happened. I am sorry it happened and you would think teachers might be more humane but also they may have thought you were joking around.
2006-12-04 09:52:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You have a risk if - the equal folks possess the industry - if the harm was once documented via a health practitioner - your father and mother can testify as to the info of the harm - and you have got a GREAT AMERICAN ATTORNEY!
2016-09-03 12:41:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋