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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8953
Experience:  Just Answer consultant at Self employed
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I was shot while at work on 9/21/2012. I was wondering about

Customer Question

I was shot while at work on 9/21/2012. I was wondering about the statue of limitations. I saw something that said its 12 years if the victim is disabled as a result? Is this the case.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: Has anything been filed or reported?
Customer: yes but only the workers comp and social security disability. Not the Civil
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, the shooter admitted on the gun form that he was a 'fugitive' then crossed it out. also, the shooter was a mental patient. k
Submitted: 3 months ago.
Category: Legal
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

A statute of limitations can be "tolled" or suspended if the victim/plaintiff is mentally disabled; that is pursuant to the following statute:

78B-2-224. Disabilities -- Time tolled. A statute of limitations may not be applied to a person's ability to bring an action during a period in which the person is: (1) a minor; or (2) mentally incompetent.

But there is no tolling for physical disabilities, unfortunately.

The statute of limitations for personal injury is 4 years from the date of injury pursuant to 78B-2-307(3) . Also please see:

https://www.utcourts.gov/howto/statute_limitation/

The statute of limitations is also tolled if the defendant is out of state, so that may be worth checking into.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Customer: replied 3 months ago.
Sorry. Didn't know I could add. I did some searching and if I'm understanding correctly if the victim is disabled (partially or permanently) then the statue is 12 years. Do you know if this correct? I have my disability hearing in February.
Expert:  legalgems replied 3 months ago.

I am not aware of any statute that extends the statute of limitations due to a physical disability; I have researched the statutes extensively and could not locate any such statute; and over the years of researching I have never come across any such statute.

I wish I had better news.

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