STATUTE OF LIMITATIONS

Date: May 10, 2012
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            Jim drove a truck for many years and was proceeding towards Hawley on Route 6 after leaving Honesdale. Several weeks before Jim noticed what he thought were fumes in his cab and he asked his boss to have his truck checkedout. This was done by a local garage.

             The last thing that Jim remembered in his trip was rounding a curve when, for some unknown reason, he passed out. Jim went down the embankment and sustained numerous injuries including a broken back and a severe head wound. As it turned out, Jim’s injuries were permanent in nature and several years later Jim consulted with an attorney.

             A review of the medical records reflected that when Jim initially went into the hospital he had a very high level of carbon monoxide in his blood. It certainly looked like the repairs that were done to Jim’s truck, and in particular to the exhaust system, were not properly done. Unfortunately, Jim had waited more than two years from the time of the accident to consult an attorney. In negligence suits, with few exceptions, there is a two year statute of limitations. It would have also been important for Jim’s attorney to have had the opportunity to have the exhaust system on the truck in question inspected to verify that the repairs were done inappropriately.

             Unfortunately for Jim, his only remedy under these circumstances is under the Workers’ Compensation Act which only provides for replacement in part of his wages and payment of his medical bills. There is no provision in Workers’ Compensation to compensate somebody or their family for pain and suffering.

 Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

 

 

Cal Leventhal
Cal is a graduate of the University of Miami (magna Cum Laude) and attended Loyola and Notre Dame law schools graduating in 1976. He is admitted to the Bars of the Supreme Court of Pennsylvania and both state and federal trial and appellate courts situated in Pennsylvania.