Legal Question in Personal Injury in Pennsylvania

Re: Time limit for juvenile to sue for injury...

Though the right of a minor to sue is preserved until two years following their 18th birthday, you must have had full tort insurance at the time of accident or fall within certain exceptions.

Re: Time limit for juvenile to sue for injury...

Your daughter has two years from her 18th birthday. I do not suggest waiting, however. The process should start now, as it takes time to assemble medical records. Also, it appears that the striking vehicle would be considered commercial, so you could have full tort here. Full tort allows your daughter to collect for pain & suffering, and she need not prove a serious impairment of a bodily function. I would be happy to answer any questions that you may have.

Re: Time limit for juvenile to sue for injury...

2 years from the time of the 18th birthday. The parents lose the right to collect for unpaid meds two years after the accident. You must look to see what type of threshold you have on your insurance policy at the time of the accident and you need to let me know if the striking vehicle was commercial.

Re: Time limit for juvenile to sue for injury...

In addition to what Attorney Diamond said...you may want to see if there was any release signed in exchange for the medical payments. Also, it is relevant whether you had full tort or limited tort insurance. If you did, you may not be able to pursue such a claim. You would have to consult an attorney to make certain of the claims that are still available.

Re: Time limit for juvenile to sue for injury...

Your daughter has until age 20 to file a law suit. If you resided in MI at time of crash, and your auto policy was issued in MI, the PA limited tort law does not apply to you. Please contact my office if you would like to discuss further.