was working in illegal chemical dump in the early 80's and now haveing crippling bone problems.I have not been able to work since nov.1999.They also dumped the chemical laden dirt on/in public swimming/fishing ereas.
2006-12-22 12:41:28 · 4 answers · asked by butchholland 1 in Politics & Government ➔ Law & Ethics
Statutes of limitation sometimes begin running when someone "knows or should have known" that they have/had a legal claim. The law recognizes that not everything is "knowable" within the limitations period. So in your case, it's possible that the limitations period would not begin running until you actually knew or should have known that the employer's dump caused your injury (assuming that it did).
The thing is, part of the reason why statutes of limitation exist is because the more time passes between an injury and a suit, the more difficult it becomes to prove that the offense was the cause of (or an aggravating factor in) the injury. Since so much time has passed, you may have a difficult time proving that it was the chemical dump that caused your problems now. Statutes of limitation are in place partly because of this problem. As people age and are exposed to other things in the environment over time, it becomes difficult to point to one particular thing as a cause of an injury or illness. I'm sure this is one defense the other side would raise.
That said, you have nothing to lose in consulting with an attorney. There was some discussion here of fees. I agree with the person who said that attorneys who handle this type of claim will typically charge you nothing unless you win. Then, he/she will take a percentage of whatever you win, assuming you do win. Thus, if you lose, you're out nothing (except maybe some fees). You should seek a tort/personal injury/civil liability attorney, or someone who claims to specialize in things of that nature. Whoever you consult with should be able to tell you whether or not the limitations period has run.
2006-12-22 14:35:58 · answer #1 · answered by anna13 4 · 0⤊ 0⤋
Essentially, statutes of limitations don't come into play until you "discover" the/any injury. Google: Discovery Rule Statute of Limitations. That should give you an idea. There is also Statutes of Repose. It might be difficult to understand, but that concept will help you, too. If you are poor, or can lie about it on the phone, you might want to call a law help line in your state or county. Just call the local courthouse and ask about a phone number for legal help, and that you don't have any money. These lines connect you to a lawyer doing free work a couple hours a month, and they might give you more direction and information. The calls to lawyers usually offer only a little help and last, at most, around 10 minutes. Anyway, it's a shot you can afford to take...it's free
Anyway, the issues of Discover Rule and Statutes of Repose matter. Plus, my father dealt with the same thing, but with asbestos from way back, and he got a settlement, albeit a very, very small one. Heck, you might just call a regular personal injury lawyer in the phone book for free consultation (make sure it says it) over the phone or in his/her office. If she/he can't help you, she/he will most likely be able to refer you or point you in the right direction.
The guy below me is wrong on at least one point. Lawyers usually either get paid flat hourly fee or a contingency fee, i.e. 33-40% of the settlement or judgment. The reason why, if any, class action members don't get a lot of money is that there are usually a lot of people in a class action (think class as in classroom full at least). The money is divided among the class members, but the lawyer(s) still get his/her fee, so it seems like the lawyer(s) makes out, but they make out the same percentage/hour as if there was only one client being represented.
2006-12-22 12:50:14 · answer #2 · answered by John D 2 · 0⤊ 0⤋
If you are going to sue somebody, you must submit a "Intent to file", prior to the statutory limit. In most civil cases, that is almost always 2 years, But ask a lawyer, or a legal aid office. ( that is 2 years from the date of the injury)
You might see if there is a class action suite against this dump. If so you might be able to become part of that suit.
The bad part of a class action suit is, that the lawyers get most of the money.
2006-12-22 13:04:46 · answer #3 · answered by RON OMAHA,NE 2 · 0⤊ 0⤋
Consult an attorney in your area. It may be tolled for various reasons. There are ways around it.
2006-12-22 12:49:37 · answer #4 · answered by Aggie80 5 · 0⤊ 0⤋