Can we still file a personal injury claim even though she is now an adult? How? 21 Answers as of July 16, 2015

My daughter was involved in a car accident when she was 16. She is now 18 and we are thinking of pursuing the claim. Is this something we can do? Does it matter that she has since become an adult?

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Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
Yes, contact an experienced car accident attorney in WV for advice. First consultation should be free. You have two years from your daughter's 18th birthday to file the claim.
Answer Applies to: West Virginia
Replied: 7/16/2015
S. Joseph Schramm | Joseph Schramm
The two-year statute of limitations would start running for her when she turned 18. Therefore, she should still be able to file suit in her own right as an adult.
Answer Applies to: Pennsylvania
Replied: 7/16/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
Yes, she can file a lawsuit until she is 18 plus the time she was a minor-approximately until she is 20. I suggest that you hire an attorney immediately.Also you need to have all medical documentation together so that you may be able to settle the matter.
Answer Applies to: California
Replied: 7/16/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
She has 2 years from her 19th birthday. Seriously consider consulting an experienced injury lawyer. Good luck.
Answer Applies to: Alabama
Replied: 7/16/2015
Law Offices of Carl L. Brown | Carl L. Brown
Yes, she can pursue a claim, but the time to do is limited.
Answer Applies to: California
Replied: 7/16/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under Michigan law, she can file suit as an adult up to her 19th birthday.
    Answer Applies to: Michigan
    Replied: 7/16/2015
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    Yes, you should be able to file a claim for your daughter's injury depending on some important facts. In Utah, the SOL (Statue Of Limitation) for a car accident is usually four (4) years which does not begin running for a minor (person under age 18 who is competent) until that minor turns 18 years old. There are also other factors to consider, such as the 4 year SOL can be limited to 1 year (after minor is 18) if, for example, the defendant is / works for a government entity, such as a city, county, state. Your daughter's injuries, how soon after the accident she treated and how consistently she treated are some other factors. Contact an injury lawyer immediately to discuss the potential case over the telephone and possibly meet for a free in-office consultation about the potential case. I hope your daughter is doing well.
    Answer Applies to: Utah
    Replied: 7/16/2015
    Gates' Law, PLLC | Thomas E. Gates
    A minor has 3 year past her age of majority to file a lawsuit. Talk to a personal injury attorney.
    Answer Applies to: Washington
    Replied: 7/16/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    She may have up to one year from her 18th birthday. Her damages will need to be significant to file a lawsuit. If she competed in high school sports, no viable claim for physical injury will be accepted by a jury. Unless she has had ongoing treatment and a permanent injury, probably not a viable case now.
    Answer Applies to: Montana
    Replied: 7/16/2015
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    In California she has 2 years after her 18th birthday to file a lawsuit for a personal injury matter that occurred while she was a minor.
    Answer Applies to: California
    Replied: 7/16/2015
    Walpole Law | Robert J. Walpole
    In Oklahoma, a minor can pursue her own claim in her own name for up to a year after turning 18. Your state might be different or the same. Check it out. Good luck.
    Answer Applies to: Oklahoma
    Replied: 7/16/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    As an adult, she can make the decision whether or not to pursue a legal action. How come you did not make that decision for her when she was still a minor? Please note that the limitations period within which you must bring an action, if at all, is three years from the date of the other's party's negligence. Find a good personal injury lawyer. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 7/16/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can't but she can, that is assuming that there was someone other than her who was at fault and that she sustained a "serious injury" as that term is defined by statute.
    Answer Applies to: New York
    Replied: 7/16/2015
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Her parents would be plaintiffs in a lawsuit for whatever medical bills they incurred in the treatment of her injuries up until her 18th birthday, and then she could claim pain & suffering, disability, etc., etc., plus her medical bills after she turned 18.
    Answer Applies to: Florida
    Replied: 7/16/2015
    Law Offices of George H. Shers | George H. Shers
    The statute of limitations does not begin to start until she reached 18, but she has only 2 years in California to sue. You can not sue on her behalf as she is no longer a minor. See some local personal injury attorneys to see what they think of her case.
    Answer Applies to: California
    Replied: 7/16/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    You have four year to file a claim from date of injury.
    Answer Applies to: Utah
    Replied: 7/16/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    It can be done now, but you'll have to act fast. The statute of limitations on auto accident cases in Michigan is 3 years. But, attorneys won't take cases if they're too close to the statute date, as they won't have time to work them up properly. You're in the last year, and there's a lot to do to prepare a case. Get it going right now.
    Answer Applies to: Michigan
    Replied: 7/16/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    The Michigan statute of limitations for filing an motor vehicle negligence case is 3 years. The injured party must prove the other owner/driver were @ fault, that such negligence caused injury and that such injury rises to the level of a serious impairment of a body function and/or permanent, serious disfigurement. Minors have 1 year from their age of majority within which to file suit if the 3 year statute would have otherwise run out before then. As your daughter is 18, it is her claim to bring vs. you bringing it on her behalf (unless she needs a Guardian or is under some legal disability). You may have a derivative claim, depending on the facts/damages. It is best to consult a local attorney that regularly handles these type of cases for a review of all the facts and circumstances in the matter and in order to get more specific advice on what claims, if any, are viable. Good luck.
    Answer Applies to: Michigan
    Replied: 7/16/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Yes. She has 3 years from the date she turned 18.
    Answer Applies to: New York
    Replied: 7/16/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Your daughter and not the parents is always the only proper plaintiff. As a minor you would act on her behalf. As an adult she can bring her own claim. In Connecticut you have two years from the date of accident to bring a lawsuit.
    Answer Applies to: Connecticut
    Replied: 7/16/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    The two year statute of limitations starts running upon reaching majority, so she has until age 20 within which to settle or file suit.
    Answer Applies to: California
    Replied: 7/16/2015
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