Legal Question in Personal Injury in New York
suing a minor
My nephew was charged with 2nd and 3rd degree assault in Family Court as a minor. Can he be sued by the injured party or the parents for monetary damages, and, if so, what is the statute of limitations?
3 Answers from Attorneys
Re: suing a minor
Yes, and I have done it many times under these circumstances. We usually sue the parent, who may have homeowners to cover these types of incidents. The statute of limitations is one year after the family court proceeding is over, to up to three years, if bringing an action on negligence.
However, you must have damages. Just hitting someone who does not suffer a physical injury does not bring money damages.
If you have any other questions, please feel free to call.
Re: suing a minor
Yes, and I have done it many times under these circumstances. We usually sue the parent, who may have homeowners to cover these types of incidents. The statute of limitations is one year after the family court proceeding is over, to up to three years, if bringing an action on negligence.
However, you must have damages. Just hitting someone who does not suffer a physical injury does not bring money damages.
If you have any other questions, please feel free to call.
Re: suing a minor
Yes, and I have done it many times under these circumstances. We usually sue the parent, who may have homeowners to cover these types of incidents. The statute of limitations is one year after the family court proceeding is over, to up to three years, if bringing an action on negligence.
However, you must have damages. Just hitting someone who does not suffer a physical injury does not bring money damages.
If you have any other questions, please feel free to call.
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