Legal Question in Personal Injury in Ohio

Car accident that involves minors

My daughter and two other passengers, ages:17 and 8 months old were involved in a accident April 26, 2004. The car was totaled and all three passengers were taken to the hospital by ambulance. The car was replaced, but there has been no effort by the insurance company to settle for the medical bills, pain and suffering with any of the three passengers.What are my options being that all three were under the age of 18?.


Asked on 11/16/04, 1:19 pm

2 Answers from Attorneys

Robert Guehl Guehl Law Offices

Re: Car accident that involves minors

The Statute of Limitations (time to bring lawsuit) is extended for minors, until two years after they turn 18. In addition, any settlement on behalf of a minor needs to be approved by the local probate court.

The insurance company for the negligent person will not usually seek you out, and if they do, they will try to convince you not to hire an attorney. If an attorney reviews your case and agrees to represent you, generally it is because he or she feels they can recover more than you can on your own, even considering a percentage for attorney fees. Insurance company records demonstrate that represented persons recover typically three times as much as those without legal counsel. You are at a distinct disadvantage on your own, negotiating with an insurance company. You need the leverage of the ability to file a lawsuit in order to secure a reasonable settlement.

Good luck - call if I can help. I practice throughout Ohio. My website is www.GuehlLaw.com

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Answered on 11/18/04, 4:12 pm

Re: Car accident that involves minors

In Illinois, minors injured during a motor vehicle accident have two (2) years after they turn 18 in order to settle or file a lawsuit against the responsible party. If any passengers/driver were over the age of 18 at the time of the accident, they would have 2 years from the date of the accident. Since there is no charge to consult with an attorney, it is in your beset interest to at least talk with an attorney. You are welcome to contact my office at 800-310-2222.

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Answered on 11/18/04, 5:21 pm


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