Legal Question in Personal Injury in California
Personal Injury Claims for Minors
Is there a statute of limitations in the State of California for personal injury claims for minors? If aminor child was injured then turns 18 before the case is resolved, is there a new statute of limitations?
3 Answers from Attorneys
Re: Personal Injury Claims for Minors
Yes. If you e-mail a description of the facts as you know it we can determine the applicable statute of limitations.
Re: Personal Injury Claims for Minors
There is no typical statute for minors. They have until their 18th birthday before the time starts to legally run. If at 18 the case is still open, they have 2 years from the 18th birthday to settle or file a lawsuit--which obviously is their 20th birthday.
Re: Personal Injury Claims for Minors
Mr. Eagle's answer is correct. Because you ask what happens if the minor turns 18 "before the case is resolved," I want to add something about the statute of limitations. The limitations period sets a deadline by which the plaintiff must *file* a lawsuit. Resolving the case can take a long time after that, but as long as a lawsuit was filed before the deadline and no judgment or dismissal is entered, there is no statute of limitations problem.