Court of Appeals Dismisses Jury Award Because Case Brought Too Late

Mark McLean

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The United States Court of Appeals for the Ninth Circuit recently tossed out a jury verdict awarding a cancer victim $300,000. The victim won her lawsuit alleging that the radiation she was exposed to at Hanford Nuclear Reserve caused her cancer. The Court of Appeals tossed out the verdict because it was not brought within the mandatory statute of limitations (the time period one has to bring a claim, or it becomes barred).

"A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said a lower court erred in its ruling because plaintiff Gloria Wise's case fell outside the statute of limitations."

This is another unfortunate example of how--if you have a personal injury claim--you should be speaking with an attorney right away. Sitting on legal rights has disastrous consequences. Evidence fades away. Facts become harder to prove. Most importantly, the claim could lapse and become barred.

For more information on this subject matter, please refer to the section on Premises Liability.