QUESTION
Can we still file a personal injury claim even though she is now an adult? How?
Asked on Jun 01st, 2015 on Personal Injury - New York
More details to this question:
My daughter was involved in a car accident when she was 16. She is now 18 and we are thinking of pursuing the claim. Is this something we can do? Does it matter that she has since become an adult?
16 ANSWERS
Edwin K. Niles
The two year statute of limitations starts running upon reaching majority, so she has until age 20 within which to settle or file suit.
Answered on Jul 16th, 2015 at 9:02 PM
Yes, she can pursue a claim, but the time to do is limited.
Answered on Jul 16th, 2015 at 9:01 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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In California she has 2 years after her 18th birthday to file a lawsuit for a personal injury matter that occurred while she was a minor.
Answered on Jul 16th, 2015 at 9:01 PM
The statute of limitations does not begin to start until she reached 18, but she has only 2 years in California to sue. You can not sue on her behalf as she is no longer a minor. See some local personal injury attorneys to see what they think of her case.
Answered on Jul 16th, 2015 at 9:01 PM
James Eugene Hasser
She has 2 years from her 19th birthday. Seriously consider consulting an experienced injury lawyer. Good luck.
Answered on Jul 16th, 2015 at 9:01 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Her parents would be plaintiffs in a lawsuit for whatever medical bills they incurred in the treatment of her injuries up until her 18th birthday, and then she could claim pain & suffering, disability, etc., etc., plus her medical bills after she turned 18.
Answered on Jul 16th, 2015 at 9:01 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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She may have up to one year from her 18th birthday. Her damages will need to be significant to file a lawsuit. If she competed in high school sports, no viable claim for physical injury will be accepted by a jury. Unless she has had ongoing treatment and a permanent injury, probably not a viable case now.
Answered on Jul 16th, 2015 at 9:01 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The Michigan statute of limitations for filing an motor vehicle negligence case is 3 years. The injured party must prove the other owner/driver were @ fault, that such negligence caused injury and that such injury rises to the level of a serious impairment of a body function and/or permanent, serious disfigurement. Minors have 1 year from their age of majority within which to file suit if the 3 year statute would have otherwise run out before then. As your daughter is 18, it is her claim to bring vs. you bringing it on her behalf (unless she needs a Guardian or is under some legal disability). You may have a derivative claim, depending on the facts/damages. It is best to consult a local attorney that regularly handles these type of cases for a review of all the facts and circumstances in the matter and in order to get more specific advice on what claims, if any, are viable. Good luck.
Answered on Jul 16th, 2015 at 9:01 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't but she can, that is assuming that there was someone other than her who was at fault and that she sustained a "serious injury" as that term is defined by statute.
Answered on Jul 16th, 2015 at 9:01 PM
Thomas Edward Gates
A minor has 3 year past her age of majority to file a lawsuit. Talk to a personal injury attorney.
Answered on Jul 16th, 2015 at 9:01 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes, she can file a lawsuit until she is 18 plus the time she was a minor-approximately until she is 20. I suggest that you hire an attorney immediately.Also you need to have all medical documentation together so that you may be able to settle the matter.
Answered on Jul 16th, 2015 at 9:01 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, you should be able to file a claim for your daughter's injury depending on some important facts. In Utah, the SOL (Statue Of Limitation) for a car accident is usually four (4) years which does not begin running for a minor (person under age 18 who is competent) until that minor turns 18 years old. There are also other factors to consider, such as the 4 year SOL can be limited to 1 year (after minor is 18) if, for example, the defendant is / works for a government entity, such as a city, county, state. Your daughter's injuries, how soon after the accident she treated and how consistently she treated are some other factors. Contact an injury lawyer immediately to discuss the potential case over the telephone and possibly meet for a free in-office consultation about the potential case. I hope your daughter is doing well.
Answered on Jul 16th, 2015 at 9:01 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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As an adult, she can make the decision whether or not to pursue a legal action. How come you did not make that decision for her when she was still a minor? Please note that the limitations period within which you must bring an action, if at all, is three years from the date of the other's party's negligence. Find a good personal injury lawyer. Good Luck.
Answered on Jul 16th, 2015 at 9:01 PM
Lisa Hurtado McDonnell
You have four year to file a claim from date of injury.
Answered on Jul 16th, 2015 at 9:01 PM
Ronald A. Steinberg
Under Michigan law, she can file suit as an adult up to her 19th birthday.
Answered on Jul 16th, 2015 at 9:01 PM
Yes, contact an experienced car accident attorney in WV for advice. First consultation should be free. You have two years from your daughter's 18th birthday to file the claim.
Answered on Jul 16th, 2015 at 9:01 PM