Legal Question in Personal Injury in Oregon
statute of limitations
i live in washington and contracted tb from medical waste sent to the recycling plant where i worked. this waste was classified as biosafety level 3, the plant is only classified a 2 facility and the waste should have been decontaminated before shippment and this waste came from oregon but it has already past statute of limitations since i was diagnosed therefore knowledge was known of, yet the actual lab that sent the wastes identity was not known until recently so therefore i should be able to still sue since i couldn't very well do anything until local and federal government released name of lab?
2 Answers from Attorneys
Re: statute of limitations
It may well be that you can still sue, even if it is past the statute of limitations. Most states allow for an extension of the statute for certain purposes, and yours might be one of them. The extension time period ALSO has it's OWN statute of limitations; it's called the Statute of Ultimate Repose.
If you COULD have, through reasonable dilligence discovered the identity of the Oregon waste shipper during the statutory period, this ultimate repose could possibly then be unavailable to you. It sounds like you've talked to some lawyers about it; you should call one of them back and see if they can help you, now that the identity has been released. If not, I may be able to refer you to someone. Drop me an email, at [email protected], and I'll see what I can do. I presume, for the benefit of others reading this, that you've made a proper worker's compensation claim. Good luck.
Re: statute of limitations
Ordinarily, a statute of limitations on a tort action runs from the time that the injury is discovered or reasonably could have been, so you may well not be out of luck.
You may need to bring your lawsuit in Washington and may for that purpose need an attorney authorized to practice there. Try Linda Williams, [email protected].