QUESTION

Are focus/memory issues, caused by a TBI, mental incapacitations that will toll SoL? Should I pursue teacher for negligence or doctor for malpractice?

Asked on Oct 05th, 2014 on Head and Spinal Injuries - New York
More details to this question:
Winter 2007: School wrestling coach told teammate to lift me to prove how strong he was and he accidentally dropped me on my forehead on hard gymnasium floor. Coach did not call 911. Mom took me to ER that night, expecting concussion due to dilated eyes. Doctor didn't run any tests and sent me home, saying that it was not a concussion because I hadn't been vomiting. By winter 2008, I was suffering from many forms of mental illness. I was in and out of mental hospitals for the next five years and was heavily medicated. About 1 1/2 years ago, I was tested and told I have a TBI in my my frontal lobe which caused both mental illness and concentration/memory issues. Because I was tested so long after the incident, and due to effects of the meds and the injury, I could not pinpoint the exact trauma that caused it. I have since been treated for the TBI and just started school. I was prescribed Adderall to focus which is why I only recently made the connection between that trauma and my injury
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1 ANSWER

Michael Varble
If you were under 18 when the initial incident happened the statute of limitations could be tolled until you were 18. Otherwise, your facts as reported probably wouldn't present enough information for a court to find that there was a toll of the statute of limitations.
Answered on Oct 11th, 2014 at 5:03 AM

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