Accidents can happen when you least expect it, especially when your child is involved. When an accident happens, you'll be focused on making sure that they get the medical care that they need to get back to 100%. However, if someone else was liable for causing the accident, you'll likely be looking into a personal injury lawsuit to recover the damages. Here is what you need to know about how long you have to file a lawsuit as the parent of an injured child.
What Are Statute Of Limitations?
When you hear about the statute of limitations regarding an injury lawsuit, it is essentially referring to how much time you have to start the process of making a claim against the responsible party in court. Every state is different regarding how long you have to file a lawsuit as well, and different types of lawsuits have different time limits. You should never assume what the time limit is on filing a lawsuit.
These laws are in place for a few reasons, which is mainly to make sure that the plaintiff files a lawsuit in a reasonable amount of time. Evidence can get lost and memories can fade over time, and the defendant also shouldn't have to wonder for years about if or when a lawsuit will be brought up against them. The law helps ensure that lawsuits happen in a timely manner.
How Are Statute Of Limitations Different For Children?
You may or may not be aware that children cannot file a lawsuit on their own. As long as they are a minor under the age of 18, a parent is required to file a lawsuit on their behalf. This means that the statute of limitation laws are different for children where there is a longer period of time to file a lawsuit.
For example, your state's statute of limitations period may begin once the child turns 18. This gives the child the time to file their own personal injury lawsuit one they are able to, even if their parents decided that they didn't want to file one when they were a minor. This can significantly increase the amount of time that a minor has to file a lawsuit for their personal injury.
Think you're ready to move forward with a personal injury lawsuit? Reach out to an injury law firm, like Buckley Law Office, for legal assistance. They'll help guide you through the process to settle the injury in mediation or take it to trial.