Archive for statute of limitations

The Statute of Limitations on Personal Injury Cases

If you have suffered a serious injury either in a motor vehicle accident or at work, it is important to reach out to a doctor as quickly as possible. Then, do not forget to get a case consultation from a personal injury attorney. The statute of limitations might be ticking on your case, and you need to have your case reviewed and filed before the statute of limitations expires.

The statute of limitations is the time limit you have to file your case. Sometimes, the statute of limitations starts ticking from the original incident. In other cases, the statute of limitations starts from the time of discovery. The statute of limitations of personal injury cases can vary from state to state. It usually ranges between two and six years, but you need to hire a personal injury attorney who can help you navigate the legal waters and get your case filed on time.

If you do not file your case before the statute of limitations is up, then you should expect it to be dismissed. No matter how strong your case might be, and no matter how overwhelming the evidence, you probably will not have your case heard if you file it after the statute of limitations has expired.

On the other hand, there are a few exceptions. For example, if the case involves a minor, then the statute of limitations might start ticking from the time the minor child turns 18. This could open the door to another case. Or, the statute of limitations could involve discovery. For example, if you suffered a serious injury or illness due to asbestos exposure, but the asbestos was not discovered until years down the road, then the statute of limitations might start from when the asbestos was found, not from when you first fell ill.

Because there are a lot of nuances involving personal injury law, it is important to work with a lawyer who can help you put your case in the best position possible to be successful. While it can be frustrating to suffer a serious injury or illness, remember that you do not have to go through this alone. A personal injury attorney can fight for your rights.

Worker’s Protection and Raising the Statute of Limitations on Personal Injury Claims

We all understand that when we are injured in an accident, whether in an automobile or personal accident, the injury might not be readily apparent until some point after the incident. Additionally, we are also aware that the legal system has imposed statutes of limitations for the victim to file a claim in court.

Advocates are looking at these facts and exploring whether raising the statute of limitations on personal injury cases might not prove a fairer option for those suffering from delayed onset of injury symptoms. Let’s look at the advantages and disadvantages of hiking the time limits for filing a personal injury case.

Advantages and Disadvantages of Raising the Statute of Limitations

For those looking to boost the time that victims must file a legal case in the aftermath of a personal injury incident, point to the fact that many of these occur at the workplace, which poses challenges for the claimant.

Owing to the outsized influence an employer’s power can have on an employee’s economic wellbeing, many workers might shrug off the effects of an injury for fear of retribution. As such, advocates note that affording the injured more time will help them get their economic affairs, such as finding a new job, before pursuing their legal options vis-a-vie filing a personal injury lawsuit.

Obviously, continuing one’s employment while simultaneously suing the employer can be problematic. Indeed, the potential plaintiff might be subjected to intimidation tactics that might compel them to drop their case.

Moreover, as mentioned above, workplace accidents might take years to materialize into active symptoms. Expanding the timeframe in which to react to these delayed-onset symptoms with legal options allows the suffer a better chance to get the financial help they need.

As with all arguments, however, there are two sides that need to be considered, and the question of raising the statutes of limitations of personal injury cases also has its detractors. Those opposed to the proposition suggest providing more time could have big implications on the legal and business communities.

Specifically, they argue that extending the statutes of limitation might pose a risk of people faking their injuries in an illicit attempt to gain money, or that the move would place a burden on businesses owing to the company’s need to pay out large injury judgments.

In addition to the role this move would play in undermining business solvency, but they also argue that an increased caseload has the potential to gridlock the court system when it is already operating to full capacity.

When It’s Child Abuse It’s Never Too Late

The statute of limitations has been met, simply meaning no criminal charges can be filed from that point forward, but for at least a few men justice exceeds punishment. So far, five men have come forward to claim child abuse charges and they hope that the expiration of criminal litigation doesn’t mean an expiration on getting justice.

Stories like the one from the Greenwich Time broke in early March, reporting the allegations made by these men, now in their late 40’s to early 50’s in a suit filed against the Boys & Girls Club of Greenwich. According to the filings, the abuse occurred from 1975 to 1984, during which time multiple acts of abuse allegedly took place.

According to court documents, one of the primary perpetrators of the abuse was Andrew Atkinson, who was a member of the club that later became a counselor. Based on the allegations, Atkinson abused the boys as a member and that abuse became more severe once he acquired a leadership role. While the charges are disturbing, to say the least, Atkinson has made a statement and claims to be innocent of any and all charges in the civil suit.

The Boys & Girls Club of Greenwich has also stepped forward to assure children, parents and the public that they actively take and continue to take every necessary precaution to protect their children. Based on statements made by the club, they employ cameras, background checks and other measures to ensure the safety of the children. That is great news today but what about these men? What about all the cases of yesterday?

A well-known fact about child abuse stated in another story said, “… most incidents involving the sexual abuse of a minor go unreported.” These brave men, all these years later, are not letting their unheard reports as children continue to go unheard. If found guilty, these alleged crimes won’t receive a criminal penalty due to the aforementioned statute of limitations. What will happen, however, is that they will be acknowledged and the voices of those children will finally be heard.

We can’t undo a crime, but we can listen, we can make it better and hopefully, we can heal.

Judge Kimball Dismisses Claims Based on The Statute of Limitations

In a lawsuit where a Colorado woman had claimed that she was raped while working as a missionary 34 years ago, a federal judge threw out all but one claim. The woman had sued LDS Church and a former president of the Missionary Training Center at the church, whom she accused of raping her.

According to US District Judge Dale Kimball, the fraud, sexual assault, and emotional distress charges that McKenna Denson brought against Joseph Bishop had expired under the statute of limitations in Utah. Kimball, on the same grounds, dismissed claims of sexual assault and emotional distress against the charge. He also refused to issue an injunction that would force the church to review its policies on sexual assault and abuse.

The judge further found that the statute of limitations on Denson’s claims that the church had hidden Bishop’s behavior only began in December 2017, when she confronted him. Denson had reported the case to Elder Carlos E. Asay, who had been an authority at the church from 1976 until he died in 1999.

Although Asay had assured Denson that he would investigate the matter and get back to her, he never did. This means that, despite her efforts, she never proved that the church knew that Bishop was a sexual predator.

Craig Vernon, Denson’s attorney, expressed his disappointment at the case being dismissed on the grounds of the statute of limitations. However, he said he respects the decision and looked forward to the next phase where fraud claims against the church will continue.

On his part, LDS Church spokesman Eric Hawkins pointed out that judge Kimball had terminated three of the four claims made against the church. He said that the claim had remained to give room for further investigations, saying that they had faith in the legal system and were out to find the truth since the church does not tolerate abuse.

Although Bishop has denied the accusations, Denson, 55, alleges that Bishop, of Arizona, raped her in 1984 while she was a missionary. She sued both Bishop and the Church for sexual assault, battery, fraud, infliction of emotional stress and fraudulent concealment.

According to the lawsuit, Denson had reported the incident to various LDS leaders at least 10 times. When she did not learn of any effort to conduct investigations, she posed as a reporter, getting Bishop to reveal his sexual history and addiction. This taped conversation was later made public through a website.

Both the accused parties asked Denson to drop the charges since the statute of limitation on some of them had expired in 1985 and 1988, after the alleged rape.

David Jordan, the church attorney, and Andrew Deiss, Bishop’s attorney both argued that after the alleged rape, Denson had known that Bishop was not “honorable, safe, trustworthy or a godly man”. Deiss said that the rights of the accused have to be protected despite the statute of limitations appearing to be harsh. He said Bishop, 85, was now old and the main witness in the case was dead. He went on to say that documents were not available and memories change or fade over time.

Vernon, however, argued that both Bishop and Denson were alive, and so was Elder Robert E. Wells, an authority of the church to whom he claimed Bishop had confessed his sexual behavior in 1977.