How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31015
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Personal Injury Law Question Here...
Roger is online now
A new question is answered every 9 seconds

What is the statute of limitations for pi cases? My parents

This answer was rated:

What is the statute of limitations for pi cases?
My parents own a condo and several times their room,
Restroom, and closet was flooded and mold develoPed,
Destroying all of their wood floors walks and personal items over
10000 in just personal o belongings. This happened due to very old and
Leaky pipes from the condo right above them. The hoa took over 1 year
To try to resolve the problem I'm which amount of time, my dad got
Hospitalized twice in the same year and was diagnosed with pneumonia
And then coccidodiomycosis. When they started treating him he informed the hospital
And his primary doctor which is an idiot, that this happened after the start and mold from
The flood, he was informed over and over by his dumb doctor that it has nothing to do
With it. He recently developed pneumonia again and then mrsa snd since the
Injury from the floods, he had a frequent recurring cough where he loses his breath
Is full of sputum and also developed a benign tumor on his esophagus.
Not until we stayed requesting records did we discover that the injury should have
Been brought to a lawyers attention. I work in the medical field now so when he
Kept developing infections I requested all of his records. I want him to sue
He doesnt speak much english so he always believed what his idiot doctor said
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for using JA! I'll be glad to assist you.

The statute of limitations for a personal injury case is 2 years, which begins to run on the date of the injury or when a person discovers an injury has occurred. Here's a very good link you can read about this and other issues related to a personal injury case: http://www.alexanderinjury.com/library-piwd-7/

Thus, you have 2 years from the DISCOVERY of the injuries - - so it's not a calendar 2 years, which is a good thing because it gives the injured party more time to sue.

I hope this answers your question, but if you need something further, please don't hesitate to ask.
Customer: replied 3 years ago.

Ok. Thanks for the info. So if the actual injury happened the end of 2009,


Yet we just discovered due to new findings that it was due to the flood and mold, does that mean we can sue?

It will be a challenge since it's been more that 2 years since the injury. HOWEVER, if you can claim that you just discovered that the culprit was the mold, then you would have the right to claim that you're within the statute of limitations.

Given the liberal discovery rule in cases like this, you certainly would have a good chance to pursue your claim even though its' be 4 years - - you'll just have to prove that the mold issue was just discovered and that there's no way you could have discovered it earlier.
Roger and other Personal Injury Law Specialists are ready to help you