I was injured in Aug 09. My husband was incarcerated at that time until October 10. When he was released we found out that we no longer could have intercourse due to my back injuries. He now also does the cooking, shopping, cleaning and is my chauffeur. We have been married for 30 years. When does the statute of limitation start for a Loss of Consortium claim. Is it the time of the accident or when he got out of prison?
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2 Answers from Attorneys
The time limit might be tolled while he is in prison, but it is generall 2 years, and it might have to be brought with your claim. Caution: many attorneys will not take a case where the plaintiff was in prison.
You each have two years to bring your injury claims, from date of injury. His claim allso depends upon the date of your claim. Sounds like you are both 1/2 year too late.