When a Minor Is Hurt in an Accident: Understanding the Statute of Limitations

Each state has unique rules on the time frame in which a minor or their parent can bring forth a personal injury lawsuit and get compensation if the minor was hurt in an accident caused by somebody else’s negligence. But this time limit varies greatly from one state to another and depending on the type of claim.

A judge might tweak it as well if it benefits the minor. So, hiring a reputable car accident attorney to help you understand the statute of limitations for injured children is critical not to lose the right to sue and get compensation for their injuries and pain.

What Is the Statute of Limitations for Minors Hurt in Accidents? 

A statute of limitations is the time limit to bring forth a suit or criminal charges or to reach a settlement under state or federal law. Suppose a minor has been hurt in an accident. In that case, the law contains a particular statute of limitations to file a lawsuit against the person or entity responsible for the minor’s injuries, which is usually one to three years.

Statutes of limitations for minors vary greatly depending on the claim and state laws. With few exceptions, this statute of limitations can be prolonged by a judge if it benefits the minor. Because many minors are unable to understand their situation or to offer testimony in a personal injury case that would benefit them, judges usually prolong the statute of limitations.

But if there is no extension of this time limit to file a lawsuit, a lawyer needs to bring forth the suit within the timeframe required by the personal injury claim. For instance, in California, the statute of limitations for minors hurt in accidents is two years from the time of the accident. In Pennsylvania, the clock starts ticking from the date of the injury.

In some states, the statute of limitations in personal injury cases doesn’t start before the minor is 18 years of age. So, if the minor decides to sue the ones responsible for his or her injuries, he or she can do it until they are 20 or 21 years old, depending on the state where the injury occurred.

Such rules can help parents and minors avoid a lot of headaches as parents may not even be aware of their children’s injuries or that they can sue somebody to get compensation. For instance, many parents caring for children with cerebral palsy have found years after the harm that the disability had been caused by medical error.

Some of them were able to sue the at-fault doctor or hospital and won millions in damages. Others lost the right to sue because the statute of limitations expired.

In personal injury cases, an extended statute of limitations allows time for assessing the damages. If the accident caused severe disability to the minor, medical costs and other out-of-pocket expenses will add up, and the parent has enough time to come with a proper sum to ask from the responsible parties.

Statute of Limitations Exceptions

If the minor or their parent doesn’t know the minor is affected by an injury, the clock doesn’t start ticking until the victim becomes aware of the issue. There are many cases of personal injury affecting minors that are discovered years later from the accident. For instance, a toxic substance might cause the minor lung cancer which is diagnosed a decade later, an unsafe vaccine might cause neurological damage years later, and so on.

If the minor was hurt in an accident alongside an adult, the statute of limitations might not start at once if a judge decides so. The same goes for different types of personal injury claims spurred by accidents. Some personal injury cases stem from medical errors, others stem from car accidents or slip and fall incidents on somebody else’s premises.

A judge might decide to put the time limit on hold or add extra periods if a minor under 18 was hurt in the incident. The type of claim can affect the statute of limitations and its exceptions. That is why, you might find out that you still have time to sue for injuries caused to a minor in an accident, even if the statute of limitations for that particular claim officially expired.

Conclusion 

There’s no one size fits all when it comes to the statute of limitations in personal injury claims regarding minors hurt in an accident, as the best interests of the minors must prevail. It is best to consult with a personal injury attorney to learn more about the statute of limitations in your case. You might be surprised to find out that you can still sue after many years from your child’s accident.