You may be eligible to file a Tylenol Autism ADHD Lawsuit / Acetaminophen Autism ADHD Claim if you or a loved one used Tylenol and/ or Acetaminophen during pregnancy, and your child was subsequently diagnosed with ADHD or Autism Spectrum Disorder.
Legal action is being strategized by our attorneys for Horizon Therapeutics’ failure to properly warn patients of potential hearing loss side effects.
You may be eligible to file a Tepezza Lawsuit if you or a loved one took Tepezza and subsequently suffered permanent hearing loss or tinnitus.
Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
Contact us today to see if you qualify for the Paraquat Parkinson’s Disease Lawsuit!
Our firm is about people. That is our motto and that will always be our reality.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
In layman’s terms, SoL limits the amount of time a plaintiff has to file a complaint to initiate a lawsuit after an accident, injury or another incident.
What is the Purpose of the Statute of Limitations?
The purposes of an established statute of limitations (SOL) are to disallow lawsuits from hanging on indefinitely (1) and to keep evidence fresh (2):
If there was not an established SoL, the party at fault could constantly be threatened by the potential for a lawsuit. The injured party could file a lawsuit at any time, be it one week or 20 years after the incident.
If too much time passed after the incident, evidence would begin to “go bad”. Physical evidence could literally go bad, become lost or misplaced, or be thrown out. Non-physical evidence, such as testimony, is more likely to be altered or forgotten with the passing of time.
What are the Types of the Statute of Limitations?
Statutes of limitations apply to nearly all types of cases.
There are two (2) types of SoL – a criminal statute of limitations (1) and the civil statute of limitations (2):
Criminal Statute of Limitations – Criminal charges have to be issued within a certain period of time. Generally, misdemeanor crimes hold shorter SoL timelines. More serious offenses carry a longer SoL. Most serious felony cases have an SoL.
Civil Statute of Limitations – Generally, civil SoL varies considerably depending on the specific type of case. For example, in Illinois, the SoL for written contract cases is 10 years while the SoL for libel or slander cases is 1 year. This varies for district and types of civil litigation.
Statute of Limitations for Minors
It is important to note that there is a specific limitations period for crimes or offenses involving minors and for incidents involving wrongful death in the United States.
In the State of Illinois, if a person is under the age of 18 at the time of the incident, the individual can file a lawsuit within two years after they turn 18, or their 20th birthday.
A wrongful death has similar circumstances to the normal statute of limitations, however, there is one vital difference.
For instance, if medical malpractice occurred and the patient died, the family of the victim can file a wrongful death lawsuit within the time limit set for that particular case, or within one year of the date of death, “whichever date is the later”.
When Does the Statute of Limitations Start?
Again, the Statute of Limitations varies depending on the state you live in and the nature of your case, so this guide may not be wholly applicable to your case.
Your best option is to consult with a personal injury attorney to make sure that you file a complaint within the allotted time for your case’s SoL so that the legal proceedings are on track.
Generally, the SoL timer starts ticking down the moment that an incident occurs.
Example:
You are walking down the sidewalk. A motorist isn’t paying attention and swerves off the road, striking you. You are injured as a result of the accident. In your state, the SoL for this kind of accident is 2 years. This means that from the moment the accident occurs, you have 2 years to initiate a lawsuit.
For more ambiguous incidents, the best rule of thumb to follow is that the SoL clock starts ticking at the moment that an individual knows OR should have known about an injury or potential for injury.
Example:
You are taking prescription medication to treat type-2 diabetes. A few months after you begin taking the medication, you develop a rare kidney condition. Weeks later, the FDA releases a public alert warning that type-2 diabetes medication is linked to the same kidney condition. Your SoL would likely start on the day that the FDA released the public alert, whether you were aware of the alert or not — because you “know or should have known.”
Looking at this example, it is important to understand that your state’s SoL may be different. In some states, the SoL clock may start ticking the day that you learned that you have developed the kidney condition. In other states, the SoL clock would start on the day that you stop taking your medication. Point being, the SoL clock generally starts on either the day that you were made aware of the potential for harm or adverse events, or the day that an effort was made to make you aware of the potential for harm or adverse events.
How Do I Find out My State's Statute of Limitations Restrictions?
While you could do the research on your own, you are best off consulting a personal injury attorney.
The statute of limitations is not generalized, cut and dry.
There is a multitude of variables that come into play when considering how long you have to initiate a lawsuit, such as:
Where did the incident occur?
When did you know, or when should you have known about the incident?
What type of case is it?
Sexual Offenses and Statute of Limitations
There is some controversy surrounding the statute of limitations and sexual offenses.
Due to the nature of sexual offenses, victims are often reluctant to come forward, whether its due to the trauma they’ve experienced, they knew the perpetrator, or simply because they did not realize they were a victim of a sexual crime in the first place.
The time frame that limits when a victim can come forward is seen as restrictive.
In response, states have begun doing away with a statute of limitations for crimes of a sexual nature.
New York state set the precedent and other states soon followed.
Most recently, Illinois lifted the statute of limitations on numerous sex crimes including criminal sexual assault, aggravated criminal assault, or aggravated criminal sexual abuse.
The law went into effect on January 1, 2020.
TorHoerman Law Can Help
If you have any questions or concerns about your case and laws on Statutes of Limitations, contact us.
Our firm offers free no-obligation case consultations, and we would be happy to talk to you about the statute of limitations for your potential case.
How Can You Calculate Damages in a Personal Injury Case?
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TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
Jordan Terry
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
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