Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Exceptions To The Rule: The Statute Of Limitations

Law Blog

Nearly everyone has heard about the statute of limitations, which places time limits on the amount of time victims have to file a personal injury case. These time limits can vary from state to state, from 1 year to up to 6 years. If you have been injured through no fault of your own, however, you should understand that there are exceptions to the statute of limitations. Read on to learn about these relatively unique situations that may allow you more time to file your personal injury claim.

Discovery of Harm

The key to this exception lies in the word "discovery". The so called "discovery of harm" exception is used to cover illnesses or injuries that were not discovered until some time later after the initial exposure, even if this discovery was many years after the normal statute of limitations would have ran out. A great example of the discovery of harm exception is asbestos exposure. The tiny fibers that get inhaled and lodge in lung tissue gradually build up scar tissue as the body struggles to deal with this foreign body. It can take several years for the lung diseases associated with asbestos exposure to begin to show up. The statute of limitations begins once a medical doctor diagnoses the condition.

If you are concerned about having a medical condition related to toxic substances or any other condition that could take longer to manifest, see a doctor as soon as possible. The rule is meant to extend the statute of limitations for those who know, or should have known, about a possible connection between a medical condition and harm done. For example, if you are exhibiting physical symptoms but fail to seek a medical diagnosis, the statute of limitations could be set back to the time your symptoms first began. This could mean the loss of the ability to seek damages if you exceed the statute of limitations.

Incapacity, Minors and Mentally Ill

For those unable to take legal action because of some type of incapacitation, the statute of limitations is suspended, or "tolled". For example, if you are in a coma (even if the coma is completely unrelated to the injury in question), your statute of limitation might only begin when you reach full consciousness.

For people under the age of majority (18 in most states), the statute of limitations does not being to run until that age is reached. For example, a child injured at birth theoretically has until the age of 18 to file a case against the doctor and/or hospital. For the mentally ill, no statute of limitations exists.

For more information, contact Walz Law Office or a similar firm.


15 July 2016