When a child is injured as a result of someone else’s negligence they are eligible to receive compensation. Such compensation is received by filing a personal injury claim. To receive such compensation it is important to file the claim within the set time frames. This article discusses the factors that affect the statute of limitations in youth personal injury.
The term used for set time frames limiting personal injury claims is statute of limitations. The general statute of limitations in a personal injury claim is no more than one to three years. However, when a child is involved this may change this time period.
Statute of Limitations
Statute of limitations is, “any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim.” Generally the statute of limitations runs from the date of the:
- discovery of the injury, or
- discovery with reasonable efforts
Some factors that may allow the claim to extend the filing period include the following:
- Age of majority – many claims will proceed only after the youth turns the age of majority for the state. However, in other cases the judge may commit to the opening of the case before this age. Though the judge may not want to continue the matter until the youth reaches the age of majority.
- Different claims – some personal injuries occur due to medical malpractice, others are negligent accidents; this could change the time limit.
- Discovery of injury and exceptions – some claims will need to wait or could extend the standard statute of limitations until the discovery of an injury. For example, in cases of brain damage which is expected to worsen or progress with time.
To learn more about your child’s personal injury claim speak to a personal injury attorney.