QUESTION
Could I still sue after a traumatic finger amputation?
Asked on May 08th, 2015 on Personal Injury - Florida
More details to this question:
Last digit of my 12 year old daughter finger was traumatically amputated when an adult pushed her as she was climbing onto a boat. The finger was caught in the door. The accident happened in Sept 2012. Can I still sue?
15 ANSWERS
Edwin K. Niles
Yes, the statute of limitation is two years from majority. In other words until age 20.
Answered on May 11th, 2015 at 4:19 PM
Thomas Edward Gates
Yes, the statute of limitation is 3 years after her 18th birthday. Contact a personal injury attorney to assist you. You may want to resolve the matter now rather than wait that long.
Answered on May 11th, 2015 at 3:38 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Please note Cal. Code of Civil Procedure Section 352. (a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action. (b) This section shall not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971. Federal admiralty law may apply.
Answered on May 11th, 2015 at 12:15 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There is a three year statute of limitations in Wisconsin. Seek an experienced personal injury lawyer very soon.
Answered on May 11th, 2015 at 4:33 AM
You have 4 years to file a lawsuit, unless you previously settled.
Answered on May 11th, 2015 at 4:31 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Is the cause of injury due to mechanism on the boat or the conduct of the person? What is the basis for the claim against the individual? Yes, your daughter can file the action until she reaches her 20th birthday, but you don't want to wait till them. If you witnessed the incident you had a claim but is now barred by statute of limitations. Good Luck.
Answered on May 11th, 2015 at 4:31 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The MI personal injury statute of limitations is 3 years from the date of incident. Also the statute is extended for a person under 18 years old, they have 1 year from their age of majority (18 in MI) within which to sue. A personal injury suit requires you prove the negligence of the party or parties you are suing, proof that such negligence approximately caused damage and proof of the nature and extent of damages (ie: medical bills, disfigurement, disability, etc.).
Answered on May 11th, 2015 at 4:31 AM
1 Award
Yes, your daughter may sue. Since she is a minor, the statute of limitations will not run until her 20th birthday in Wisconsin.
Answered on May 11th, 2015 at 4:29 AM
In California, for a minor suffering an injury, the statute of limitations does not start running until the minor reaches the age of 18 [so have to file before 20th birthday] or a guardian ad litem [legal representative is appointed for her. But normally there is no reason to wait. The injury should be stable, all medical treatment has been provided, and the court allows the attorney representing her to get a lower % of the money she gets then if she were and adult. The money will earn some interest now because it will be put in trust but 6 years from now inflation will have reduced the value of the amount awarded [although cases may be worth more than the change caused by inflation]. In 6 years, you may not be able to locate the person who injured her.
Answered on May 11th, 2015 at 4:29 AM
James Eugene Hasser
You may be able to sue up until the date of accident this year, depending on what body of water you were on and whether it was "navigable". There are also accommodations for your daughter's minority that may extend the time even further. But, I wouldn't wait if I were you. I would seriously consider consulting an experienced maritime injury lawyer. Good luck.
Answered on May 11th, 2015 at 4:28 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In NY the statute of limitations is 3 years, but you don't even have to worry about that because she is still a minor.
Answered on May 11th, 2015 at 4:28 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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In California you have until her 20th birthday to file suit because she was a minor at the time of the incident. By all means you should make a claim. If the adult that pushed her owns a home, you can probably just make a claim against him and request that his homeowner's insurance handle the claim.
Answered on May 11th, 2015 at 4:27 AM
Yes. Because she is a minor, the time to sue is extended.
Answered on May 11th, 2015 at 4:25 AM
Ronald A. Steinberg
Yes. She can sue through an adult until her 18th birthday , or she can sue herself until her 19th birthday.
Answered on May 11th, 2015 at 4:24 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitations is 4 years from the date of the accident.
Answered on May 08th, 2015 at 5:32 PM