QUESTION
Can I still sue if my son got injured when he was 12 and he is now 19, he injury was to his brain and know the affect him?
Asked on Nov 24th, 2012 on Personal Injury - Montana
More details to this question:
His injury was to his brain and now we can see the effects. He can’t get a job he can’t do anything. He take off for no reason and breaks up everything that he feels he wants to. It is just so much more.
10 ANSWERS
You may have missed the applicable statute of limitations.
Answered on Apr 15th, 2013 at 7:02 AM
Ward Merdes
Yes. Your son would normally have until his 20th birthday to bring a lawsuit.
Answered on Nov 29th, 2012 at 5:08 AM
Ronald A. Steinberg
Every State, and every type of case has a Statute of Limitations. That means that if a suit if filed too late, it will get thrown out of court. In Michigan, an adult can act on behalf of a child (under the age of 18) and bring suit up to the 18th birthday. If no suit was filed, then the kid can bring suit in his/her own name as an adult up to the 19th birthday. Under Michigan law, your son's case is stale because he is already 19 and because suit was not filed, it can no longer be filed.
Answered on Nov 29th, 2012 at 5:08 AM
Thomas Edward Gates
Generally the statute of limitations is three year; however, for minors the statute of limitations starts when the minor is 18 years old.
Answered on Nov 26th, 2012 at 6:42 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Normally in California you have 2 years to file a personal injury suit from the victim's 18th birthday.
Answered on Nov 26th, 2012 at 6:41 PM
I do not know who you are suing and that makes a difference. Generally if the person you want to sue is not a city, state or county or some other government employee you would have until your son's 20th birthday.
Answered on Nov 26th, 2012 at 6:41 PM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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Under almost all circumstances in Washington, the statute of limitations for a minor is tolled until the minor reaches age 18. This means that for a case in which the minor was injured due to the negligence of another, a claim (lawsuit) must be commenced before the injured party's 21st birthday, or the claim will be barred. So the short answer is: Quite likely, Yes. A brain injury claim is complicated, and very difficult to prove. If your son wants to make such a claim, it is highly recommended that he seek the assistance of an experienced personal injury attorney.
Answered on Nov 26th, 2012 at 2:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Probably. But: do not waste one minute. Get to a personal injury lawyer in your area now. Almost everyone in this feild offers free consultations. Statute of limitations may have already expired. but may be "tolled", meaning you still have time.
Answered on Nov 26th, 2012 at 2:29 PM
You son may still? have a cause of action since the two-year statute of limitation may have been tolled while he was a minor.?However, you should consult with a personal injury lawyer first for a complete evaluation of your son's case prior to bringing a lawsuit.
Answered on Nov 26th, 2012 at 2:29 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You can't but your son might be able. The statute of limitation may have run out. Proving a brain injury now will be difficult to connect back seven years. There are many reasons for bad behavior in children.
Answered on Nov 26th, 2012 at 2:27 PM