Statute of limitations is “any law that bars claims after a certain period of time passes after the injury. The period of time varies depending on the jurisdiction of the type of claim.” A statute of limitations differs depending on the state in which an injury has occurred. In Florida personal injury statute of limitations is 2 years from the date of injury or discovery of the injury. This article will discuss the statute of limitations and state restrictions linked with a child injured in personal injury.
Basically, the statute of limitations is the time limit that the courts provide for a person to bring a claim. Such a claim may be for litigation or a criminal offence for certain problems that occur in the state. For a personal injury, this time limit is generally no more than one to three years. However, when a child is involved in the matter this could greatly change the period. When a child becomes the victim in a personal injury claim some states prolong the statute of limitations. The reason is to provide the youth to age to his or her majority at 18. This then gives the person the time to face the harsh consequences of civil suits between 18 and 20. The personal injury claim may be suspended until the youth has aged sufficiently to take part in the proceedings.
The statute of limitations required for a claim depends on the state’s restrictions. Such state restrictions in the case of Florida would be 2 years in usual circumstances of a personal injury claim. Factors, circumstances and requirements of evidence may permit the claim to extend this period. However, such exceptions are often rare. But they are made because children are generally unable to provide the type of testimony needed for trial. As such most judges tend to prolong the period to bring forth the suit.
Worried about the validity of your minor’s personal injury claim? Speak to a Vinson Law attorney.