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Statute of Limitations

1,027 Views | 6 Replies | Last: 9 yr ago by Diggity
bigjag19
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AG
Say someone attended elementary school on a toxic waste superfund site.

Flash forward 15 years later they are diagnosed with an autoimmune disease, which are known to be a result of the toxic waste exposure.

What would be the time limit after diagnosis to bring a suit?
sts7049
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asking a question like that on texags = fail.

call the Texas Hammer.
DiskoTroop
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It has to do with when the site was declared a superfund site IIRC.

I'll ask our Nexio Rep. He's a wealth of information like that.
Jdrexgman
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AG
Is this the Brio site?
bigjag19
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Yep. Brio is gone, but 1 party still remains.
HBCanine08
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AG
I am going to guess that it's probably two years (Tex. Civ. Prac. & Rem. Code, Title 2 Section 16.003) from when the person knew of the disease or discovered (or should have known) the cause of the disease.

If it's against the Texas govt., you need to file a formal claim with the governmental agency that you believe may be responsible for causing the injury, and the claim needs to be filed within 6 months of the underlying incident. (Tex. Civ. Prac. & Rem. Code Section 101.101)

Disclaimer: Not a Personal Injury attorney, so I may be wrong
86 Tex Ag
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AG
The other thing to consider is whether the victim of the injury was a minor at the time the injury occurred. For some claims, the statute of limitations is tolled and begins to run on the minor's 18th birthday.
Diggity
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AG
ask this lady

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