Is the Personal Injury Statute of Limitations Different for a Child?

When you are hurt, and someone else is
legally at fault, this is a personal injury, and the law recognizes your right
to pursue compensation. As a way to balance your rights with the defendant’s,
the state imposes a statute of limitations— a deadline by which you must file
your lawsuit. When a child is the victim, this deadline is extended, but you
must still pay attention to it or risk losing the right to sue altogether.

Statutes of limitations are more
complex than most people realize. There are exceptions, and sometimes the
exceptions have exceptions. If you think you have figured it out but calculate
the wrong day— even on behalf of a minor— you could be forever barred from
pursuing your personal injury claim. Always discuss your claim with a New
York City personal injury lawyer
to avoid this kind of pitfall.

General
statute of limitations for personal injury in NY

Each state sets statutes of limitations
for different types of offenses. In New York, the general statute of
limitations for personal injuries is three years from the date of the injury.
So, for example, if you are injured in a slip and fall on a commercial property,
barring special circumstances, you will likely have three years to bring legal
action.

If you do not file your lawsuit by the
deadline, the other party can request that the case be dismissed, and you will
not be able to refile it. This can happen even if you had been in settlement
talks before filing the lawsuit. If you were negotiating a resolution with the
defendant’s insurance company but the statute of limitations is about to
expire, talk to a lawyer about filing a lawsuit or obtaining written agreement
from the defendant to extend the deadline pending settlement discussions.

Exceptions
to the personal injury statute of limitations

The statute of limitations may vary
depending on who the plaintiff is, who the intended defendant is, and other
circumstances surrounding the accident.

One exception is known as the
“discovery rule.” If the injury was not apparent right away, the
statute of limitations may not begin to run until it reasonably should be
discovered. For example, if an illness is caused by exposure to a toxic
substance, but this is not found until sometime after the exposure, the injured
individual may have additional time to file a lawsuit.

When the potentially at-fault party is
a government agency or a municipality, the procedure varies by geographic
location. Still, it is different from a typical personal injury claim, and the
statute of limitations is shorter. For instance, if you are injured on public
property in New York City, local laws require you to submit a notice of claim
within 90 days of the accident. You then have one year and 90 days to file a
lawsuit.

Statute
of limitations when the victim is a minor

A minor— an individual who has not yet
reached their eighteenth birthday— has fewer responsibilities than adults due
to their relatively limited experience, maturity, and ability. Recognizing
this, the statute of limitations is tolled (extended) for them.

In New York, for most personal injury
cases, a minor may file a lawsuit up to three years after their eighteenth
birthday. There are some exceptions. For example, when the personal injury
results from alleged medical malpractice, the statute of limitations can be
extended but only up to ten years.

If a minor is injured by an employee of
a government entity, the statute of limitations is tolled. The minor has one
year and 90 days, rather than 90 days, to file a notice of claim. This
preserves the right to file a lawsuit, which must be filed within three years
of the eighteenth birthday as in other personal injury cases.

Contact
us at Douglas & London for a free consultation

If you are the parent or guardian of a
minor who has been injured due to someone else’s negligence, speak with a personal
injury lawyer who
has extensive experience in these kinds of cases. Seek professional guidance as
early as possible because if you miss the statute of limitations, your right to
receive compensation could vanish completely.

The attorneys at Douglas & London
are committed to protecting the rights of personal injury victims, adults as
well as children. Call today to schedule a free consultation to discuss your
claim.