Can I still sue if my son got injured when he was 12 and he is now 19, he injury was to his brain and know the affect him? 19 Answers as of April 15, 2013

His injury was to his brain and now we can see the effects. He can’t get a job he can’t do anything. He take off for no reason and breaks up everything that he feels he wants to. It is just so much more.

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Merdes & Merdes, P.C.
Merdes & Merdes, P.C. | Ward Merdes
Yes. Your son would normally have until his 20th birthday to bring a lawsuit.
Answer Applies to: Alaska
Replied: 11/29/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Every State, and every type of case has a Statute of Limitations. That means that if a suit if filed too late, it will get thrown out of court. In Michigan, an adult can act on behalf of a child (under the age of 18) and bring suit up to the 18th birthday. If no suit was filed, then the kid can bring suit in his/her own name as an adult up to the 19th birthday. Under Michigan law, your son's case is stale because he is already 19 and because suit was not filed, it can no longer be filed.
Answer Applies to: Michigan
Replied: 11/29/2012
The Law Offices of Mark Wm. Hofgard, Esq.
The Law Offices of Mark Wm. Hofgard, Esq. | Mark William Hofgard
The general statute of limitations in Arizona for personal injury claims is two years. However, under certain circumstances, the statute of limitations may be "tolled," or stopped from running. Additionally, the cause of action does not accrue, or begin to run, until the plaintiff (you) discovers or by the exercise of reasonable diligence should have discovered that he has been injured by the defendant's negligent conduct.
Answer Applies to: Arizona
Replied: 11/29/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Maybe. Depends on who caused injury and the statute of limitations.
Answer Applies to: California
Replied: 11/29/2012
WEISSMAN LAW FIRM
WEISSMAN LAW FIRM | I.Donald Weissman
If the claim is for negligence the statute of limitations begins to run on your son's 18th birthday. The statute of limitations (i.e., the final date by which a lawsuit must be filed) since your son was a minor when the accident occurred is his 20th birthday. Other claims may have different statutes of limitation. Check with an attorney to be sure.
Answer Applies to: California
Replied: 11/28/2012
    David K. Kremin & Associates P.C. | David K. Kremin
    Yes, so long as it falls within the Statute of limitation and due to age it may be extended for 2 years past majority or 20 years old.
    Answer Applies to: Illinois
    Replied: 11/28/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    If your son was injured while in the State of California he has the right to sue if someone else was responsible for the accident in which he was injured. You do not have that right.
    Answer Applies to: California
    Replied: 11/26/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    It will depend on the cause of the injury. Most torts have a limitations period of either 2 or 3 years.
    Answer Applies to: Connecticut
    Replied: 11/26/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You may have missed the applicable statute of limitations.
    Answer Applies to: Michigan
    Replied: 4/15/2013
    Sedin Begakis & Bish | Mindy Bish
    I do not know who you are suing and that makes a difference. Generally if the person you want to sue is not a city, state or county or some other government employee you would have until your son's 20th birthday.
    Answer Applies to: California
    Replied: 11/26/2012
    Richard E. Damon, PC | Richard E. Damon
    Normally in California you have 2 years to file a personal injury suit from the victim's 18th birthday.
    Answer Applies to: California
    Replied: 11/26/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Christopher A. Bradley, Esq.
    Your son has a claim up to two years past the date of his 20th birthday, although any claims you may have had are time-barred. You need to discuss your case with an attorney experienced in handling personal injury claims.
    Answer Applies to: Pennsylvania
    Replied: 11/26/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    You may or may not have a statute of limitations problem.
    Answer Applies to: Illinois
    Replied: 4/15/2013
    Sapiro Gottlieb & Kroll | Lawrence Kroll
    In New Jersey, the statute of limitations is the 18th birthday plus 2 years. You should speak to an attorney immediately.
    Answer Applies to: New Jersey
    Replied: 11/26/2012
    Gates' Law, PLLC | Thomas E. Gates
    Generally the statute of limitations is three year; however, for minors the statute of limitations starts when the minor is 18 years old.
    Answer Applies to: Washington
    Replied: 11/26/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You can't but your son might be able. The statute of limitation may have run out. Proving a brain injury now will be difficult to connect back seven years. There are many reasons for bad behavior in children.
    Answer Applies to: Montana
    Replied: 11/26/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Probably. But: do not waste one minute. Get to a personal injury lawyer in your area now. Almost everyone in this feild offers free consultations. Statute of limitations may have already expired. but may be "tolled", meaning you still have time.
    Answer Applies to: New York
    Replied: 11/26/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Under almost all circumstances in Washington, the statute of limitations for a minor is tolled until the minor reaches age 18. This means that for a case in which the minor was injured due to the negligence of another, a claim (lawsuit) must be commenced before the injured party's 21st birthday, or the claim will be barred. So the short answer is: Quite likely, Yes. A brain injury claim is complicated, and very difficult to prove. If your son wants to make such a claim, it is highly recommended that he seek the assistance of an experienced personal injury attorney.
    Answer Applies to: Washington
    Replied: 11/26/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You son may still? have a cause of action since the two-year statute of limitation may have been tolled while he was a minor.?However, you should consult with a personal injury lawyer first for a complete evaluation of your son's case prior to bringing a lawsuit.
    Answer Applies to: Indiana
    Replied: 11/26/2012
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