When filing suit, the law allots a certain amount of time plaintiffs can take legal action against the responsible party. Traumatic brain injury (TBI) cases are no exception.
Statutes of limitations aim to protect the rights of defendants while providing the opportunity for plaintiffs to seek justice.
In California, the statute of limitations for personal injury claims, including TBI is 2 years from the date of injury. In other states, it could be as short as a year from when the injury occurred. In some, it can be as high as 6 years.
Some injuries take a while to manifest; hence, it’s important to note that the legal system allows exceptions to the statute of limitations.
For example, an amateur boxer started fighting in the ring since he was 19 and decided to stop as he turned 25. With countless punches to the head, he developed chronic traumatic encephalopathy. However, symptoms only became noticeable 5 years later. Thus, the damages didn’t immediately manifest. In this instance, the “1 year from discovery of the injury applies”. He can still file a claim until he turns 31 years old.
Since a lot of factors can affect the statute of limitations, consulting an experienced traumatic brain injury attorney can help you better understand how statutes of limitations work in this specific area of Law.