Legal Question in Personal Injury in California
Can you file a petition for a minor's compromise on a non-litigated case after the statute of limitations has run or must you do it before the statute has run as my case was settled without having to file a lawsuit but the statute runs in two weeks and I'm not sure if I have to file the petition for minor's compromise before the statute expires. Thank you.
2 Answers from Attorneys
What you are saying is you have a child who was injured in an accident, and you are about to blow the statute on his or her claim. Probably you settled too cheap on your own claim, because you did not indicate you have a lawyer. The lawyer you didn't hire probably would have gotten you more money, and would have handled the minor's case. Better get off the dime and act before your child is hurt, again.
A minor has two years from their 18th birthday to file a personal injury claim. The statute does not start to run until their 18th birthday. I assume you did not settle the minor's claim? Better look at your release. http://www.lawbarron.com Deborah Barron, Barron Law Corporation
800-529-5908
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