A parent’s worst nightmare is to think about their child being injured. We often encounter situations in which a minor child is injured by someone else’s negligence. These types of cases require specific expertise and knowledge.
Often the nature and extent of injury to minor children may not be known for years into the future. Growth issues may complicate the evaluation and treatment of injuries to minor children.
I recently settled a case involving a minor who was six years old when he was involved in a boating accident. The accident resulted in an injury to his arm which required a number of surgical procedures. Following that procedures there was concern whether as the minor continued to grow and develop if the injury would continue to effect him into his adult years. By the time the minor reached majority age (18 years old) the doctors were able to determine the extent to which the injury would impact my client’s life into the future.
At that time, we brought a lawsuit for the full extent of damages. Because my client was a minor at the time which the accident occurred, the normal statute of limitations did not apply.
Under most circumstances, claims for injury must be asserted within two years from the date of the accident. If an individual is an un-emancipated minor at the time the cause of action accrues, the period to commence an action is two years after attaining majority age. We attain majority status on our 18th birthday.