Legal Question in Personal Injury in New Jersey
birth defects
Question: It's been 18 yrs.since I gave birth to a daughter with a birthdefect. I since found out what might of been the cause(I feel strongly it was)but don't know if there are statutes of limitations on a potential legal action. I feel all that she has been through and suffered her entire life, and our family as well, that she is entitled to compensation if it can be found probable. Can you tell me if it is to late or still possible?
Thank You
3 Answers from Attorneys
Re: birth defects
If your daughter is 18 now, she has until her 20th birthday to file a lawsuit. I'd be happy to discuss her case with if you'd like. You can learn more about my firm and I by visiting our website at http://www.njatty.com
Mike Zerres
Re: birth defects
It sounds like your daughter is 18 years old. If that is the case, the Statute of Limitations has not expired. You need to do something about this ASAP. My office can certainly help by reviewing the claim, or referring you to an office that can. Please feel freee to call me at your convenience.
Re: birth defects
Normally, in New Jersey, for cases prior to 2005, the statute of limitations for the child's injury is 2 years after their age of majority - 18. THus, there may be time to bring a case.
However, if the injury was a result of the negligence of a public employee or entity then there has a to be a Notice of Claim within 90 days of the age of majority, unless the child is too impaired to do so.
Ultimately, the best advice is to consult with an attorney immediately to make sure that you are protected and anything that can be done will be done.
Please feel free to contact me to discuss this matter. I can be reached at 800-34-NJ-LAW if I can be of assistance.
Best wishes.
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