As parents, we hope that our children never suffer physical, emotional or mental harm. It’s our job to protect them from those injuries, as well, but sometimes there is nothing we can do, despite our best efforts. If your child is injured through no fault of his or her own, you may have a personal liability/personal injury case. However, there are many things that you’ll need to know, particularly concerning the statute of limitations. A Boone County personal injury attorney can help explain your options.
The Statute of Limitations
A statute of limitations is essentially a time limit. It might be two years, or five years, or something else completely, but once it runs out, you can no longer bring legal action regarding the matter in question. Statutes of limitation apply to a wide range of legal issues, including personal injury cases, crimes, malpractice suits, and more.
The Situation with Children and Personal Injury
If your child has suffered an injury through no fault of his or her own, and no fault of your own, then there may be a personal injury case that can be pressed. However, it can be difficult to tell with children when they are truly injured – they’re filled with energy and vivacity, so they don’t exhibit the same symptoms as an adult. Children also cannot always communicate clearly what they are feeling, and it may seem that they are ill rather than injured, or that they’re “just feeling down.”
This difficulty means that it may be some time before you realize that they have an injury and that the injury was related to a specific experience on the part of your child. In some cases, it may be several years. Will the statute of limitations have run out by then? There is good news. The time limit or filing a personal injury lawsuit for a child does not begin until they reach the age of 18. If the case involves medical malpractice, the child has until they turn 22 to file (or within eight years of the occurrence, whichever comes first).
Not sure how to proceed when dealing with your child’s injury? A Boone County personal injury attorney can offer the guidance and expertise you need. Follow Fisk & Monteleone, LTD. Personal Injury Lawyers today and schedule a free consultation.