Legal Question in Personal Injury in California

my six year old child was in a car accident 2 yrs ago since then she has had many eye complications. I told State Farm when it first happened that her eye was partially changed color. What is the statue of limitations on accidents for kids? She had a severe eye infection one year later Peri orbital cellulitis was hospitalized and had to have surgery. The opthomologist said her eye had trauma to it and the pigmentation is bruised that's why it has a brown spot on left eye. I just took her in for another appointment and the doctor said her vision has changed so much she needs glasses 4.00 in left eye and 2.50 in right eye. She has some thing that she will need surgery when she's 20 so she won't get glaucoma at a young age. We have no history of eye problems in our family and the doctor wants to see the picture prior to the accident where it shows no brown spots to after with brown spots.

Asked on 1/26/10, 9:45 pm

6 Answers from Attorneys

Jeremy Hanson Law Offices of Jeremy K. Hanson

I am sorry to hear about your child's injury. Every case is fact specific but in CA since your child is a minor the statute is tolled against the defendant until she turns 18 if the Defendant was not a public entity. Please call for further help. 951-688-0006 The call and consultation is free. The sooner you act the better.

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Answered on 1/31/10, 9:55 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Why are you talking to State Farm and not a PI Attorney? Do you think State Farm is going to voluntarily help you and your child?

Do yourself and your child a favor and give me a call for a free consultation at 800-816-1529 x.1. We handle PI cases all over the State of California.

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Answered on 1/31/10, 10:08 pm
Barry Simon Law Office of Barry J. Simon

Please describe how the accident occurred, is there a Police Report and how much insurance (if you know) did the driver of the State Farm car have? The statute doesn't run for years but you really should have a lawyer help represent your child's best interests here. You may email me at: [email protected] or call toll free 1-877-733-4393.

Barry J. Simon, ESQ.

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Answered on 1/31/10, 10:41 pm

The question was about the statute of limitations and the clock does not start ticking until she turns 18 unless the defendant is a governmental entity or if it is an uninsured motorist claim You should talk to an attorney

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Answered on 1/31/10, 10:56 pm
Steven Kuhn Steven Kuhn

The 1st answer is correct. However, you will need an expert to say and to prove that the condition is related to the injuries sustained in the accident.

Call for a free consultation. See our web page at

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change

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Answered on 2/01/10, 9:23 am
David Lupoff Law Offices of David B. Lupoff

Even though the statute is tolled until your child is 18, you should contact an attorney now since the longer you wait to do something, the slimmer chance you have to recover. E.g. The defendant decides to move to Europe, his/her insurance company goes bankrupt, etc.

Feel free to contact my office for a free consultation at 1.877.505.INJURY.

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Answered on 2/01/10, 9:45 pm

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