QUESTION
What if any if the time limit in ex-husband abuses and cases brain damage to ex-wife.
Asked on Mar 12th, 2014 on Civil Litigation - Ohio
More details to this question:
The woman was caused brain damage by multiple concussions and caused seizures from the head trauma. She was married for almost 12 yrs and has 3 grown children (all above 18) with the ex-husband. She did not sue in a cival court because she was afraid of taking him to court and made bad decisions.
1 ANSWER
Generally speaking, when injury is the result of intentional conduct (such as assault and battery), then the injured victim must file a lawsuit within one year of the alleged conduct or the claim is forever time-barred. There are exceptions to every rule, especially if the assault/battery rendered the woman incompetent for any period of time. If she was incompetent for any period of time after the assault/battery, then the one year period does not begin to run until she is no longer incompetent.
If not exception applies, the lawsuit must be filed within a year of the assault/battery, or the claim is not timely and will be barred by the Court.
You should consult with an attorney directly concerning this, providing him/her with all the facts of the incident so that they can properly advise you on the statute of limitations.
Best of luck.
Answered on Mar 13th, 2014 at 3:58 PM