How long do I have to sue a school for a personal injury?

Question

Some boys took acid and threw some on my back while at school. I  was burned very bad. I had to lay on my stomach for 4 months. I got better but the pain always comes back especially since I've been pregnant. My back has really hurt so I'm just wondering can I sue for pain and suffering? It has been about 13 years since it happened.

Thomas Bulman · Answer

No.

A. Woska · Answer

As terrible as the events you describe, so is the harshness of the statute of limitations. In most states it will range from 1 year to 6 years, here in my state you had until 2 years from the date of your 18th birthday.

Andrew Velonis · Answer

In order to make a claim against a public school, the claimant must file a Notice of Claim within 90 days of the occurrence and suit must be filed within one year and 90 days.  But:  there can be exception if the school had actual knowledge of the incident, and the statute of limitations can be extended if the injured person is a minor at the time of the incident.  Also:  you would have to show that school officials knew or should have known this was going to happen and failed to take steps to prevent it.  Finally, if you were an employee of the school, you are limited to worker's compensation.

Josh Lamborn · Answer

Every state has a statute of limitations for personal injury lawsuits and they vary state by state.  In Oregon the statute of limitations is two years from the date of the injury.  However, Oregon also has a statute that extends the statute of limitations for compensable crime victims to five years.  In your case thirteen years is probably too long to wait, however you should consult with a qualified personal injury attorney in your area so that you can explain all of the facts of your case and get his or her opinion.  There may be some exception to the rule based on some fact that you have not included in your question.

Paul Whitfield · Answer

3 year statute of limitation for adult. 3 years from majority for a child.

Bernard Huff · Answer

Your State's statute of limitation for personal injury claims has probably expired for bringing a lawsuit. You may want to consult with a plaintiff's personal injury attorney to explore your legal options.

Francis Paul Hajek · Answer

In Virginia, the statute of limitations for most personal injury claims is two years.  However, if a minor suffers a personal injury for which someone else is responsible, the statute of limitations does not begin to run until the minor's 18th birthday.  The exception to this exception is that in cases of medical malpractice involving minors under the age of 8, the minor's statute begins to run at age 10.  In your case, you do not state what age you were when this personal injury occurred.  I think that any personal injury claim is difficult to pursue after 13 years.  You should consult an experienced personal injury attorney as soon as possible to see if you have a claim and if the statute of limitations is a problem.

Jared Altman · Answer

You have ninety days to file a notice of claim against a public school (sometimes excusable) but must sue within one year and ninety days. Against a private school you can sue until your twenty first birthday.

James Kelaher · Answer

If it's been 13 years since this accident happened, so the statute of limitations has run. The SOL against an individual for negligence or an intentional act is 4 years, but the SOL against a governmental agency like a school board is also 4 years, so long as you serve notice upon the head of the governmental agency within three years.

Steven Shaw · Answer

You have three years from the date of the injury to make your claim when you are an adult.  If you are a minor when the injury happens, the three years starts on the day you turn 18.  Given the facts you've given, I doubt you would still be able to make the claim, even if this happened when you were a freshman, given the fact that it was 13 years ago.

Gary Burger · Answer

You can probably sue till you're 23 - limitations period starts when you turn 18.  May have problems finding defendants and liability insurance coverage for the claim.

Joseph Lipsky · Answer

Unfortunately, Florida has a 4 year statute of limitations for personal injury cases.

Lyle Masnikoff · Answer

4 years.  13 years is too long.

Mark Leonardo · Answer

You did not say how old you are now.  The time limit to file a tort claim against the school is 6 months.  So that has probable lapsed.  As to the boys that did it, you can sue them and their parents (parents liability is limited to a certain amount by statute) and you have 2 years from your 18th birthday to do so.

Robert Lucky · Answer

So sorry to hear about your incident. Unfortunately, in Louisiana you have one year from the date of the incident to settle your tort claim or to file suit. It appears from your fact scenario that your case has prescribed and you no longer have any right of recovery legally.

Russell Gray · Answer

If the school is a government school, then you had one year from the  date of the incident to file a claim.  If the school was a private  (non-government) school then you would have had four years, unless you  were a minor at the time, in which case you would have four years from  when you turned 18.

Steven Fink · Answer

2 years from the date of injury is the statute of limitations.  It is too late to sue them unless you recently turned 18.

Earl Straight · Answer

The basic statute of limitations for a personal injury case in Texas is two years from the date of the accident/injury.  There are a few exceptions, you should contact an attorney to discuss the specifics of your case to determine if any exceptions apply to you.

David Craig · Answer

In Indiana you normally have two years to file a personal injury claim. However if you were a child when you were injured you have longer. Typically you would have up to two years from your 18th birthday.  There are exceptions to that rule.  If you quit school, moved out on your own or otherwise became responsible for your own wellbeing before you turned 18 the two years might start running from the date you became emancipated.  In addition there is another date that you must comply with when you are making a claim against a public school.  That date is also tolled while you are a minor however it will run quicker than two years.  The answer to your question really depends on a lot of different facts.  You should immediately contact an attorney who practices in the area of injury law to see if you can still bring a claim.

Timothy Klisz · Answer

Certainly, the statute of limitations has run long ago. Generally a personal injury case has a 3 year statute of limitations.

Marty Judnich · Answer

If you were a minor at the time, that could toll the statute of limitations, but in Montana, you only have 3 years from the date of loss to file a lawsuit, or you cannot recover anything. It would be best if you contacted a licenses attorney in the state that it occurred in.

Houston D. Smith III · Answer

The statute of limitations for personal injury actions in Georgia is generally two (2) years.  You would likely be precluded from maintaining suit.  While there are some conditions that toll the statute, 13 years is a long time and likely they would not apply.  Even if you had brought suit in time, schools are protected by all sorts of governmental immunity  the chance of winning a suit against the school would have been very small.

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