Working With A Great Lawyer

Discovering Harm Done

26 January 2017

Dianne Ellis

Nearly everyone knows that you only have a certain length of time to file a personal injury claim against someone who has caused you harm. There are statutes of limitations in all states, and the times vary from a year to several years. No matter how egregious your injury, no court will hear a case when the time for filing has passed. There is, however, an important exception to this time limitation on filing. Here is more about the discovery of harm statute of limitations exception, and how it may not be too late to get compensated for your injury.

Gradual Harm

Not all injuries occur in an instant, some take time to come to your attention. At some point in your life, you may have been exposed to a substance that, at first, caused you no problems. As time went on, however, you began to show symptoms of a more severe medical condition. The time of your initial exposure may have been years and years ago, and the time that you actually discovered the medical condition caused by that exposure may have now exceeded the statute of limitations. You should know that you still have time to be compensated for the injuries caused by that first exposure to the toxic substance, no matter how long ago it happened.

For example, consider this scenario: You have worked in a factory that manufactures brake lining material for many years. At some point you begin to have problems breathing and see your doctor. Once some test results become available, you are informed that you are suffering from the effects of the toxic substance asbestos. Your lungs created scar tissue to protect you after you accidentally inhaled the tiny asbestos fibers, and the result is now a devastating and incurable lung disorder.

The Statute of Limitations

You should understand, however, that there is still a statute of limitations to contend with. Once you are informed by your doctor that you have a disorder, you are in the "discovery" phase of your case. You now know that you have been harmed, and the statute of limitations will now begin to tick on your case. You only have so much time to take action, or have that ability taken away from you forever. It should also be noted that if you are exhibiting symptoms of a disorder, but are failing to get medical care for it, you may have the statute of limitations starting point set to the time you first noticed problems. Failure to seek medical attention for your disorder does not delay the statute of limitations.

If you are dealing with an injury that gradually affected you over time, speak to a personal injury attorney.

Share