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Federal Statute of Limitations for Head Injury Cases

The Statute of Limitations is defined by the period of time a person may file a lawsuit following the incident. Filing a personal injury claim can be a lengthy process, and when a head injury is involved, it can prove to be especially tricky. This is because the injured party may be so injured, they are unable to make decisions for themselves, in which case they would need a guardian appointed to make personal decisions. The appointment of a guardian is referred to as a removal of the disability to end tolling provision of Statute of Limitations, allowing it to run again. 

Guardianship is determined through judicial procedures, delegated by a court as a last resort for the rights of an injured party. Typically, this is appointed to a family member, but a Public Guardian or Professional Guardian may be appointed if one is not available or willing. Public guardians are available to those who cannot pay for services, while a professional guardian is appointed from the assets of those they serve.

The issue often ends up being with the filing of a lawsuit during the requisite time, so it is not barred. If a Statute of Limitation period ends, there is no way to file or extend it. This can prove to be especially problematic for the injured party because the full extent of injury may not be known until a lengthy period has passed. 

Personal injury claims and litigation for brain injury is a complicated process, especially as an appointed guardian. Contact a Florida personal injury trial lawyer to help you navigate these claims.

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