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, 2013His 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.
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
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
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
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
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
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
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
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