Statute of Limitations: Child Victims

When a child is injured as a result of someone else’s negligence they are eligible to receive compensation by way of a personal injury claim. However, it is important to adhere to the statute of limitations with regards to bringing forth the personal injury claim against the liable party. The general statute of limitations with regards to a personal injury claim is limited to no more than one to three years, however, when a child is involved these matters greatly change this time period.

According to the Cornell Law School Legal Information Institute the statute of limitations is defined as, "any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim. Statute of limitations.... run from the date of the injury, or the date it was discovered, or the date on which it would have been discovered with reasonable efforts." It is important to know that in the state of Alaska the statute of limitations with regards to personal injury matters is set at a period of three years from the date of discovery or injury. When a child suffers injury or harm that leads to a personal injury claim some states have in place laws that extend or prolong the statute of limitations in order to provide the youth to age to the majority of 18 years. By prolonging the statute of limitations this gives the youth time to face the consequences of civil suits between 18 and 20. Before the usual time limit has between one and three years before the lawsuit cannot proceed.

In a personal injury claim generally children are not able to provide the necessary type of testimony a court requires for an incident and as such judges may choose to prolong the period in order to bring the suit forward. However, the standard statute of limitations requires a lawyer to issue a lawsuit within the time frame dependent on the state’s restrictions. This timeframe is different based on the state but usually limits the victim to 1 to 3 years in usual circumstances of a personal injury claim. Some factors may allow the claim to extend this period.

Such factors include the following:

Age of majority - many claims will proceed only after the youth reaches the age of majority for the state. However, in other instances the judge may commit to the initiation of the case before this age but may not want to continue the matter until the young person reaches the age of majority.

Different claims - some personal injuries occur due to medical malpractice, others are accidents with negligence this could change the time limit initially with additional periods granted for a youth under the age of 18.

Discovery of injury and exceptions - some claims will need to wait or could extend the standard statute of limitations until the discovery of an injury.

To learn more about your child’s personal injury claim speak to personal injury attorneys accidents.

For lawyers in Anchorage Alaska the author recommends the Crowson Law Group.

If you want to consult the Best Lawyers In Anchorage, Alaska, the author of this article suggests Crowson Law Group.