Getting What Is Rightfully Yours

Personal Injury Lawsuits And Chronic Injuries

26 May 2016 by Penny Fisher

Chronic injuries are an unfortunate reality that often leaves victims burdened with a lifetime of expensive medical care. Some injuries prevent individuals from working in the capacity that they used to, which can lead to reduced income. Thankfully, a lawsuit can help you offset some of those burdens if you manage to win. To help you get an idea of whether a lawsuit is right for your circumstances, here are some of the key points:

How can a chronic injury lead to a personal injury lawsuit?

Many chronic injuries can be traced back to specific events. For example, if you were exposed to toxic chemicals at some point in the past, then you may be able to sue whoever was to blame for your current injuries. Similarly, evidence of negligent exposure to carcinogens can be used to get compensation if you develop cancer later on down the line.

If the offending party knew what they were doing and that you could get injured, then you stand a decent chance of winning and collecting some compensation. Even if you don't win, you can take some solace in the fact that you brought their past wrongdoings into the light. That being said, it can be pretty difficult to win such a lawsuit if you do not have evidence that the defendants knew what they were doing at the time. If they were ignorant of their actions and had no way of reasonably knowing that you would develop such injuries later, then they may not be liable.

What is the statute of limitations for a personal injury lawsuit?

The statute of limitations can get a little strange when it comes to chronic injuries, since they often go undiscovered for months, years, or even decades. This means that there is a good chance that the normal statute of limitations has long expired by the time that you even discover your injuries.

To account for this, many states have implemented discovery rules. These will extend the statute of limitations for several months or years after you discover the injury, though they are often subject to other restrictions as well.

For example, your state may allow you to file a lawsuit 2 years after the injury, with a separate 3 year limit allowed if you discover the injury later. However, this means that you can't file a lawsuit if 3 years have passed, even if you discover the injuries later than that. This is especially common when it comes to medical malpractice laws, which often use restrictions relative to the last date of treatment at the health care provider that you wish to sue. Contact a lawyer, such as Charlie Tucker P.A., for more information.   

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