Statutes of limitation for minors
A statute of limitations refers to the period of time in which a person can file a lawsuit after a wrong has been committed against them. Each state has different statutes of limitations that also vary based on the severity of the case. Once this period of time ends, the person loses the opportunity to initiate legal proceedings against someone, even if days before the deadline, the victim had been in negotiations with the guilty party. The statute of limitations is established through statutory law enacted by the legislature. This means that the statute of limitations is set in stone; therefore, a court cannot make extensions.
The statute of limitations can vary depending on who the plaintiff is, who the defendant is, and other circumstances surrounding the case. Therefore, some exceptions can be considered when determining the statute of limitation that applies to a specific case. An example of an exemption is what’s known as the “discovery rule.” This rule indicates that the time of the statute of limitations may not start to run until the injury becomes apparent since many injuries do not show immediate symptoms.
Another situation where the statute of limitations makes exceptions is in cases involving minors; these cases can be handled very differently. A minor is a person who has not reached the age of eighteen. For this reason, the law considers that they do not have sufficient experience, maturity, and reason to understand the magnitude of many crimes and aggressions. Therefore, in cases of assaults committed against minors, the statute of limitations is extended. Nevertheless, it is essential to know the temporary restrictions so that the crime does not go unpunished.
In many personal injury cases, a minor who has been a tort victim can file a lawsuit up to three years after turning eighteen. Also, in cases of medical negligence, the statute of limitations can be ten years from the time the minor suffered the injury.
It is crucial to hire an attorney who can advise you in these circumstances and ensure that the minor can obtain justice. Call us today!