JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

18 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Age
  • ,
  • Ill
  • ,
  • Run
  • ,
  • Set
  • ,
  • Two
  • ,
  • File
  • ,
  • Hire
  • ,
  • Less
  • ,
  • Part
  • ,
  • Sick
Bookmark and Share

Question

Can a statute of limitation be waived if the aggrieved party is too ill and sick to pursue the adverse action within the time allotted?

Submitted: 17 days and 22 hours ago.
Category: Legal
Value: $18
Status: CLOSED
+
Read More

Optional Information

State/Country relating to Question: Alabama

Already Tried:
Spoke to one attorney who stated the statute of limitation had expired and that it is too late to pursue.

Posted by David C. Garner 17 days and 22 hours ago.

Answer

It depends. It is sometimes possible to "toll" or suspend the running of a statute of limitations, but those circumstances are a fairly narrow set. Illness and sickness generally will not do it.

 

In Alabama, when the injured party is a minor the limitations period begins to run on that minor's 19th birthday. This exception does not apply in medical malpractice or wrongful death cases, however. If an injured party is deemed to be mentally incompetent or insane, he or she will have 3 years (or less, depending on the type of action) after the termination of the disability to file his or her claim. No disability will extend the limitations period for more than 20 years from the time of the injury. If an injured party is both below the age of 19 and mentally incompetent at the time of the injury, the limitations period does not begin to run until both disabilities are removed.

 

That is about it. Presumably even the sick can hire an attorney to pursue a claim.

 

I know thats not the answer you wanted, but I hope this helps.

 

DCG

17 days and 22 hours ago.

Reply

I was hospitalized when the statute of limitation expired. The termination date was June 1, 2007. I observed you mentioned 3 years in your response. Is the three years an exception to the two (2) year statute of limitation?

Posted by David C. Garner 17 days and 21 hours ago.

Answer

Only in cases like those described. If the statute expired while you were hospitalized in 2007, you could have possibly made a colorable argument that the court should extend it, but only if you had filed immediately after your release. This might not have been a winning argument, but it might have been worth a shot. Now, almost two and a half years later, there is likely little that can be done. Part of the reason is that you would have already had the period up until the limitations expired in 2007 (which would have probably included 2005 & 2006). To further extend it now and to such a degree absent the compelling circumstances I outlined above would likely violate the due process rights of the parties on the other side.

 

I wish I had a better answer. Best of luck to you.

 

DCG

17 days and 19 hours ago.

Reply

The 2 year statute was up June 2009 - was incapacited in and out of hospital during 2 year period between June '07 & September '09 which is why no action was filed. I appreciate your response. Thank you.

Accepted Answer

Unfortunately, I think you are out of luck. Had you taken action immediately in September of '09 you might have had an argument, but at this point I don't think a court will entertain it.

 

If you found this answer helpful, please click ACCEPT.

 

Thank you.

 

DCG

Picture
Expert: David C. Garner
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/4/2009

Attorney

JD with Distinction, Admitted to practice in California

+
Read More

Related Legal Questions

  • How do I write a petition?
  • My son is in jail on a violation of probation for 180 days,
  • when was trasportation code # 683.071 of the department of
  • i would like to know how to go about changing the fathers na...
  • can a landlord put a person out of a apt. for filing bank
  • My home was forclosed on , redemption period ended on sept
  • The home that I am renting is being forclosed on how long do
  • If a husband owns property before a marriage and he dies wit...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.