How Much Time Do You Have to File a Lawsuit?

Law Offices of Louis D. Stober, Jr., L.L.C. 
350 Old Country Road, Suite 205, Garden City, NY 11530 
877-791-8076 / StoberLaw.com

Has your child been injured? Have you ever wondered how much time you have to file a lawsuit? Well, the answer depends on the type of injury you child is suffering, the age of the child, and where the child lives.

States differ on their laws about personal-injury lawsuits brought to them by children. Yet, there are some general principles and concerns that apply for child injury lawsuits across the board.

Here are some legal issues to think about when contemplating whether or not to file an injury lawsuit for your child.

First, think about statute of limitations. That is the time period in which a person can pursue legal action after an injury. Each state differs on their time frames for statute of limitations for different types of claims. For some child injury claims, the clock may not start ticking until the child turns 18. In New York, there is a three-year statute of limitations injury claim in general. But for children, the statute is tolled until the child’s 18^th birthday.

Next, think about “reasonable child” standard of care. In negligence lawsuits, courts usually hold an adult to a reasonable person standard of care. This means that an adult is expected to act as a reasonable person would in the same circumstances. For children, courts adopt a reasonable child standard. This means a child is expected to act like a reasonable child of the same age, intelligence, maturity, and experience. The only exception is if a child is participating in an adult activity, for example riding a snowmobile, the court may choose to apply an adult standard of care instead.

Lastly, know when a parent or guardian must step in. If your child’s injury lawsuit results in a damage award, the child may not receive the money until he or she turns 18. However, claims for medical expenses may be granted to the parents or guardian of the child because they paid those medical bills. 


To read the full article Your Child is Injured. Should You Sue?, published by Reuters.com, click HERE.