After 30 years have passed, do I have a right to sue a daycare for negligence which caused a fractured my skull and also TBI?
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After 30 years have passed, do I have a right to sue a daycare for negligence which caused a fractured my skull and also TBI?
I am a little person, another words I have dwarfism. My body is very fragile and when I was 6 or 7 years old, I was picked up by 2 small children and dropped on the concrete headfirst and my skull was fractured. The fracture made me lose my hearing in my left ear and also has caused me numerous problems with traumatic brain injury. Do I have a right to take legal action against the daycare that was negligent in supervising me that many years ago?
Asked on February 15, 2019 under Personal Injury, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it is far too late to sue. The statute of limitations, or time period to sue, for personal injury is only 3 years in South Carolina. Even if you could have possibly made the argument that since you were a minor at the time, the statutory period should not have begun to "run" until you were an adult and could take legal action, that would only have given you until age 21 to sue (three years from age 18). But if this happened to you when you were 6 or 7 and 30 years have passed, you are now 36 or 37--so it, unfortunately, is far to late to take legal action.
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