Legal Question in Personal Injury in California

Personal Injury Claims for Minors

Is there a statute of limitations in the State of California for personal injury claims for minors? If aminor child was injured then turns 18 before the case is resolved, is there a new statute of limitations?


Asked on 7/20/04, 3:03 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Personal Injury Claims for Minors

Yes. If you e-mail a description of the facts as you know it we can determine the applicable statute of limitations.

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Answered on 7/22/04, 3:54 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Personal Injury Claims for Minors

There is no typical statute for minors. They have until their 18th birthday before the time starts to legally run. If at 18 the case is still open, they have 2 years from the 18th birthday to settle or file a lawsuit--which obviously is their 20th birthday.

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Answered on 7/22/04, 5:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Personal Injury Claims for Minors

Mr. Eagle's answer is correct. Because you ask what happens if the minor turns 18 "before the case is resolved," I want to add something about the statute of limitations. The limitations period sets a deadline by which the plaintiff must *file* a lawsuit. Resolving the case can take a long time after that, but as long as a lawsuit was filed before the deadline and no judgment or dismissal is entered, there is no statute of limitations problem.

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Answered on 7/22/04, 5:40 pm


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