Is there a statue limitation on a death of a minor in a car accident? 20 Answers as of February 17, 2013

We were in a car accident in 2004 and my daughter lost her life she was only 13 years of age we got a blow out on the highway than hit the rail and they got hit by diesel can I still do anything.

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Law Office of Malosack Berjis
Law Office of Malosack Berjis | Malosack Berjis
In California, there is a two-year statute of limitations in wrongful death cases. The fact that your daughter was a minor should not make a difference.
Answer Applies to: California
Replied: 2/17/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Too late. You have my condolences.
Answer Applies to: Michigan
Replied: 2/13/2013
Law Offices of Sandeep G. Agarwal
Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
In California, it is 2 years after she turns 18. So, what year would she have turned 18? From that point, add two years. That is when the statute runs.
Answer Applies to: California
Replied: 2/13/2013
Law Offices of Benjamin D. Pelton | Benjamin D. Pelton
Not too late. You had 2 years from the date of the accident.
Answer Applies to: Virginia
Replied: 2/13/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
I am terribly sorry for your loss. Unfortunately the statute of limitations on a wrongful death matter like the one you describe would be 2 years. Despite the fact the decedent was a minor, it is the surviving parents' cause of action and is generally not tolled by virtue of the fact she was a minor.
Answer Applies to: California
Replied: 2/13/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The statute of limitations is two years on a death case so the statute of limitations has run.
    Answer Applies to: Florida
    Replied: 2/12/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The Statute of limitations, which is normally three years, has expired and it is too late.
    Answer Applies to: South Carolina
    Replied: 2/12/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    No, the statute of limitation has expired.
    Answer Applies to: Utah
    Replied: 2/12/2013
    Durham Jones & Pinegar | Erven Nelson
    The statute of limitations may be tolled (temporarily suspended) while she was a minor. You should make a claim.
    Answer Applies to: Nevada
    Replied: 2/12/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Generally, you have 2 years from the date of death to file suit for wrongful death. There is a remote possibility that you still may have either a contract or warranty claim if either was under seal or has a time limit specified in the documents that would allow it.
    Answer Applies to: Alabama
    Replied: 2/12/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Wrongful death statute is 2 years. With an infant it is 2 years after she reaches her majority, 18. I think you have waited too long perhaps and also, you had a blowout. How do you blame some body else on the blowout?
    Answer Applies to: North Carolina
    Replied: 2/12/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    Yes there is a SOL statute of limitations. It is generally three (3) years from the injury date. Who was at fault for the accident? The claim might be against the owner / driver of the car. IF you daughter had conscious pain and suffering, before she passed, those claims survive to her statutory beneficiaries parents. Your child's estate would have a claim for the present value of lost future earnings your are the heirs. Parents of a deceased minor child have claims under RCW 4.24.010 for destruction of the parent child relationship. Parents of a minor are liable for medical bills incurred by a minor child. That is part of the claim, too. Generally, though, there is going to be a three (3) year limitation of action statute that is going to apply to all of these claims that would start running on the date of the injury. IF a minor child is injured, but does not sustain fatal injuries, the child has a claim for his / her injuries. But the SOL does not start to run on a claim a child has until she / he is age 18. So, usually, a minor who has an injury claim doesn't have SOL problems until age 21. Unfortunately, it sounds like the 3 year SOL applies in your case.
    Answer Applies to: Washington
    Replied: 2/12/2013
    Mike Lewis Attorneys | Mike Lewis
    SOL is 2 years in NC wrongful death claim.
    Answer Applies to: North Carolina
    Replied: 2/11/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    Generally the period of time for wrongful death cases for minors is 5 years.
    Answer Applies to: Oregon
    Replied: 2/11/2013
    John Russo | John Russo
    After nine (9) years you are asking this question. The answer is most likely not, unless you can show that the tire on the vehicle was defected and the manufacture knew it was and covered it up, and it is now only coming to light, and there was absolutely, 100% no way this could have been discovered at an earlier date then MAYBE.
    Answer Applies to: Rhode Island
    Replied: 2/11/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    Yes. A wrongful death claim must be filed with the court within two years of the date of the accident.
    Answer Applies to: Ohio
    Replied: 2/11/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    In Connecticut there is a two year statute of limitations. I'm sorry for your loss.
    Answer Applies to: Connecticut
    Replied: 2/11/2013
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