If you or your child were victims of lead poisoning, you are likely interested in filing a lawsuit against the party responsible. Before you can file a lawsuit, you need information on California’s statute of limitations (SOL). Knowing the statute of limitation that applies to your claim is of vital importance, as you can potentially lose the right to sue.
What is a statute of limitation? Statutes of limitations are time frames that apply to different causes of action. The statute of limitations states the amount of time a victim has to come forward and file a lawsuit. In general, the statute of limitation for personal injury claims—like lead poisoning—is two short years. Unfortunately, if you do not file your claim within two years from the time of the damage or discovery of the damage, you can lose your right to sue.
Why are statutes of limitation applied to claims? Statutes of limitations are designed to prevent people from holding on to their claims for too long. If plaintiffs hold onto their claims for too long and file lawsuits many years after the incident occurred, it is likely that the defendant has lost any evidence that disproves the claims against him or her. In essence, statutes of limitations exist as a form of protection for the defendants—to prevent any unjust claims.
Although statutes of limitations are strict deadlines to sue, there are many exceptions might apply. Below is a description of some of the exceptions that could alter the statute of limitation applied to your claim:
- Defendant leaves the state—if the defendant leaves the state at any time during the given SOL timeframe to sue, the SOL will be extended by the amount of time the defendant was out of state.
- Plaintiff is a minor at the time of injury—if the plaintiff was a minor when the injury occurred, the statute of limitations does not start running until the plaintiff turns eighteen years old or is legally emancipated. In cases where the injury occurs before birth, the SOL is only six years after the child’s date of birth.
- Plaintiff is mentally disabled or incompetent—if the plaintiff was mentally disabled or incompetent at the time of the injury, the SOL is paused for as long as the plaintiff in mentally incompetent.
- Plaintiff is in prison—if the plaintiff is in prison, the SOL is suspended for two years, or until the plaintiff’s release from prison, whichever comes first.
- Death of the plaintiff—if the plaintiff dies before the SOL is over, the claim must be filed either within the original SOL or six months after the death of the plaintiff, whichever comes later.
- Death of the defendant—if the defendant dies before the SOL is over, the claim must be filed within one year of the defendant’s death.
Other exceptions to the statute of limitations include restitution orders, war, bankruptcy, voluntary agreement, felony conviction of the defendant, and military. To find out if any of the above-mentioned exceptions apply to your claim, speak to an attorney as soon as possible.
So, when does the statute of limitations begin counting? The statute of limitation begins running on the day that the injury or harm occurred. What if the harm is not apparent right away? In that instance, the statute of limitations starts running when the plaintiff discovers the injury or harm.
Statute of Limitations to Sue for Lead Poisoning in California
The statute of limitations to file a claim for lead poisoning varies depending on the victim. Adults have two years from the date that they became aware that they suffered from lead poisoning to file a claim. Children who have suffered from lead poisoning have until the age of twenty to file a claim. Why can children hold onto the claim until the age of twenty? In the previous section, you can view the exception to the statute of limitations when the plaintiff is a minor. For minors, the SOL does not begin counting until the child turns eighteen. In the case of legal emancipation, the SOL will begin running from the day that the child was emancipated—for two years after.
Lead poisoning can result in cognitive deficits, low IQ, ADHD, aggression, renal failure, heart problems, vision problems, and even dementia. Some of these outcomes might not be immediately linked to lead poisoning. When lead poisoning is detected and linked to the symptoms experienced by you or your child, it is important to quickly get in touch with an attorney with experience handling lead poisoning cases. If you do not get legal assistance before the time limit to sue is finished, you might lose your right to file a lawsuit for lead poisoning.
Normandie Law Firm—Here to Provide Legal Support
Normandie Law Firm is a personal injury law firm dedicated to helping our clients exercise their right to sue and receive compensation for the harm and injuries they have sustained. The first step in filing a claim against a party for lead poisoning is understanding the California statute of limitations for a lead poisoning lawsuit. If you let too much time pass, you will likely lose your right to sue. As soon as you become aware that you or your child are suffering from lead poisoning, you must contact a lawyer to begin the legal process.
Normandie Law Firm wants to make it easy for you to decide to talk to our attorneys. How do we do that? We offer everyone free consultations and free second opinions. An experienced attorney with experience in lead poisoning cases will talk to you and give you all the information necessary for you to be confident taking the legal path against the parties responsible for your lead poisoning. During your free consultation, you can expect an attorney to answer all of your questions and address all of your concerns. This includes discussing the statute of limitations for your claim and any exceptions that might apply to your case. If you already have an attorney at another law firm, you can still receive a second opinion at no cost. You might be looking for additional information even after meeting with your attorney. If that is the case, he or she might have missed something with importance. Unfortunately, many attorneys rush through cases to increase the number of cases they sign. This leads to attorneys neglecting or overlooking key details that can affect the outcome of the case. Do not take that risk. Contact Normandie Law Firm for a free second opinion. Our attorneys will cover every angle of your case and will give you all the information necessary to ensure a successful case.
Our free consultations and free second opinions are a part of our law firm’s Zero-Fee guarantee. You will never have to worry about having to pay any upfront fees. Since our law firm is strictly based on contingency, you will not have to pay anything until our lead poisoning attorneys win your case. Contact Normandie Law Firm today to verify the statute of limitation that applies to your case and begin filing your lawsuit as soon as possible.
