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New York Personal Injury Law Blog

Monday, September 14, 2015

Just Discovering Your Injury: Do You Still Have a Claim?

A person worked with certain chemicals for many years and has just been diagnosed with cancer as a result of this exposure.  Or a person went in for surgery a long time ago and has just been alerted to the fact that someone left a surgical sponge inside them.  The point is that some injuries can remain unknown for long periods of time before they begin to have an effect or the person becomes aware of their existence.  These are called latent injuries and they are quite common.  If you have suffered a latent injury and have just discovered it, you might be worried that it is too late to make a claim.  Luckily, this is usually not the case.

A statute of limitations is the time period in which a claim can be filed.  After the statute of limitations has expired, no case can be brought as it is considered time barred.  Each type of claim has its own proscribed time limit and these vary from state to state and on the Federal level. Although most personal injury claims are subject to a statute of limitations, the law provides an exception for latent injuries

Usually, the statute of limitations begins to run at the time that the injury occurred.  This could cause a problem for someone who was unaware of his or her injury and is just discovering it now.  Some people do not become aware of their injuries until years after the statute of limitations has expired.  This is where the exception comes into play.  The law tolls or delays the start of the statute of limitations until the person knew or should have known of the injury.  This is an objective standard so the courts will consider what is reasonable under the circumstances in each case.  If reasonable, this exception allows a person who has just discovered his or her injury to make a claim even if they are well past the statute of limitations period. 

If you have been injured or suffered some type of harm and are just discovering it now, and you want to determine if you can make a claim, it is your best interest to contact a qualified personal injury attorney today.


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