Can I sue for personal injury 6 years after a car accident?

Question

Can I sue a person after 6 years. My family and me had a car accident and two of my kids were injure one of then had brain damage and my other son he's nose was broken. Now my two kids suffer what can I do?  Thank you.

Spencer Farris · Answer

The limitation period for a Missouri car wreck is 5 years. HOWEVER, the period is extended for minors. Without knowing the ages of your kids, it is impossible for me to tell you whether you can sue now or not. Your claim for medical bills may be lost, but their claim for injuries is likely still okay. Call a lawyer as soon as possible.

Eric Rothstein · Answer

Are your kids still minors?

David Stoddard · Answer

Children have a right to sue up until their 19th birthday, regardless of how long ago the accident occurred.

Earl Straight · Answer

The statute of limitations for an injury claim in Texas is two years, however, for minors, that period does not begin to run until their 18th birthday.  So children basically have until their 20th birthday to file an injury claim.  Depending on the age of your children, you may still have time to file suit.

Francis Paul Hajek · Answer

Virginia law on personal injuries requires that a claim be filed within two years of the date of the accident. This time limit is known as the statute of limitations. You actually have to have a lawsuit filed within the appropriate time period in order to preserve your claim. There are a few exceptions to the limitations period. One is where the victim is a child under the age of 18. In Virginia, the child does not have to file his or her claim before the age of 18. The law then provides that the statute of limitations period begins to run at the 18th birthday.  So children have until their 20th birthday to file suit. One exception to this exception is that if the child has been legally emancipated, the period runs from the date of emancipation. You should contact an experienced accident attorney to go over the facts of your situation and explore what can be done.

Thomas Patton · Answer

If you haven't previously accepted a settlement, pursuing a claim may be possible, depending upon the age of your children. A child injured in an accident has until his or her 19th birthday in Oregon to file suit.

Bernard Huff · Answer

Check your State's statute of limitation for personal injuries. In Indiana it is two years from date of accident.

Kevin Habberfield · Answer

Sorry to hear you were in a crash. Unfortunately, the typical statute of limitations for an auto crash in NY is 3 years from the date of the crash. You may be time barred, however, your children are considered minors until they reach the age of majority, or 18 years old. So, your children would have 3 years from the date of their 18th birthday to bring a lawsuit, or their 21st birthday. You need to go see an attorney immediately as your children likely can still be compensated.  Good luck.

Herbert Farber · Answer

There is a legal theory called "Statute of Limitations" which restricts the time after an event that a person can file a civil suit. Statutes vary for each state but in Washington state, a lawsuit must be filed within three years of the date that the injury accident occurred.

Jared Altman · Answer

Probably yes. The statute of limitations for a person under eighteen years of age does not even begin to run until they turn eighteen. And then they have three years (with some exceptions). I wool love to look into these claims! Call a lawyer!

Ronald Lowry · Answer

The normal Georgia statute of limitations for filing a lawsuit for personal injuries as a result of an automobile wreck is 2 years. However that rule is for adults. For children the rule is different. Minor children can bring a lawsuit even up to 2 years after they reach the age of majority. You can still bring the suit on behalf of the children as guardian before then. Do not wait long as witnesses will disappear and evidence will go missing. Be aware that certain damages such as medical expenses may be ruled to be the responsibility of the adult parents, not the children, and might be barred by the statute of limitations already. Get a lawyer experienced in auto accident claims immediately. Do not wait any longer. The case may already have been damaged by the delay.

Marty Judnich · Answer

This depends on what state the accident happened in, and how old the claimants are. If it is Montana, we have a 3 year statute of limitation for adults. The children have 3 years from when they turn 18 to have a claim settled.

Richard Lowell · Answer

As long as your children are currently under the age of 21, they can still sue for personal injury.

Robert Lucky · Answer

In Louisiana, you have one year from the date of the accident to settle your claim or to file a lawsuit against the responsible party. Your case has prescribed against the tortfeasor (i.e., the liable party) since it has been 6 years from the date of the accident. Thanks for your inquiry and good luck to you and your family.

Gary Moore · Answer

A minor has until his twentieth birthday to file a lawsuit for personal injuries. In other words the two years statute of limitations does not begin to run for a minor until his or her eighteenth birthday.

Scott Anderson · Answer

The statute of limitations in Montana is 3 years for torts.  If it is under your own insurance because it was Uninsured Motorist claim or another insured was at fault for instance an inter-family tort say the father was driving and the accident was his fault and the children were injured then there could be a contract claim in which case the statute could be considered 8 years under contract, unless the insurance policy limits the contract statute otherwise.  We would need to look into the facts of the situation.

Josh Lamborn · Answer

The statute of limitations on a personal injury cases is 2 years in Oregon. That is extended in the case of minors up to the age of 18 plus one year, but no longer than five years from the date of the tort limit (7 years). See ORS 12.160(1).  You should seek the help of personal injury attorney to determine if your children are still able to sue for their injuries.

Paul Whitfield · Answer

The children can file.

Mark Leonardo · Answer

The statute of limitations for an adult is two years for personal injury from a car accident.  Thus, the adults no longer have a claim.  The minors limitation period does not commence until they turn 18 and therefore have until they turn 20 to file a suit.  You should retain an attorney that handles car accident cases and they can explain the details of the foregoing to you.

Steven Fink · Answer

As long as the two kids are still minors or recently turned 18 you can sue.  Issue is who was at fault in accident and did other driver have insurance.

Timothy Klisz · Answer

The statute of limitations is 3 years, but minors have different rules. So, the answer is maybe.

Lyle Masnikoff · Answer

No. You had 4 years to file.

Everett Walton · Answer

You may file suit anytime before the children reach the age of 20.

Andrew Velonis · Answer

The statute of limitations for an andult is three years.  For a minor, the time is extended.  So, if your children are still under the age of 18, you can bring a claim on their behalf.

Mark Sternlicht · Answer

Generally speaking, if your children were minors when they were injured, then the 3-year statute of limitations in which suit must be filed doesn't end until the children are 21 years old.  The parents' claims for medical expenses had to be filed within 3 years of the wreck, so those claims are likely lost, but the children may still have claims. You should consult an attorney with experience in personal injury claims.

Russell Gray · Answer

In Utah, there is a 4-year statute of limitations for injuries caused by  negligence.  However, if the injured person is a minor, the statute of  limitations does not begin to run until the injured person has reached  age 18.  Therefore, your claim is barred by the statute of limitations,  and your two injured kids have until 4 years after they reach age 18.  You should move as quickly as possible on this.  You will need an  attorney.

Steven Shaw · Answer

The kids are not barred from filing suit until 3 years after their 18th birthday.  However, this is a tricky enough issue that you should consider contacting a personal injury attorney to make sure those claims can still be made (i.e., your child was 15 years old or older when the collision happened).

William Allen · Answer

Typically in Florida the statute of limitations is 4 years. If a birth injury, the time is extended for a child. In an auto accident, the likelihood is the statute ran, but you should ask a lawyer to be sure there are not facts that might give you a claim (a product defect, for example).

Vincent Bernabei · Answer

Depending on the age of your children, you may still be able to file suit and recover compensation for your children's injuries.  You should contact an attorney right away.

Steven A. Schwartz · Answer

Normally in Massachusetts you have a 3 year statute of limitations to file a complaint in court, or your claim is forever barred.  However, this rule applies slightly differently with children under 18 (I am not sure how old your two children are).  The three year statute does not begin to run until the child's 18th birthday (when he or she becomes of majority age).  This means that they can still make a claim for pain and suffering until they turn 21.  If they are younger than that, it is not too late!

William C. Gosnell · Answer

The kids have one year from the time they turn 18, its too late for the parents.

James Kelaher · Answer

The statute of limitations in Florida for simple negligence (which includes automobile accidents) is four (4) years.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I sue for personal injury 6 years after a car accident?

32 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer