The statute of limitations for a personal injury case defines the period of time in which you may file a claim. An attempt to file a claim after the statute of limitations has run out will typically be barred. Accordingly, in order to recover compensation for an injury, you must file a claim with the proper court within the Medford statute of limitations that corresponds to the claim.
In Medford, the statute of limitations for minors—legally speaking, anyone under the age of 18—are different from those affecting adults. While it may seem as though a statute of limitations provides an aggrieved party plenty of time to file a claim, lawsuits can be exceptionally complicated and time-consuming endeavors. Contacting an accomplished attorney quickly to discuss your options for recovery may be essential to preserving your right to recover compensation for your claim.
Personal Injury Statute of Limitations Laws
Generally, with most personal injury and medical malpractice claims, a statute of limitations begins to run from the moment the cause of action is discovered. Most often, this is the time when an injury occurs.
In some circumstances, however, an injury is not discovered until well after the accident or conduct that caused it occurred. In these situations, the statute of limitations usually begins to run from the time you learned—or, in some situations, should have learned—of the injury.
A minor who suffers a personal injury through the conduct of another must file any claims arising from that injury within two years of his or her 18th birthday. An adult who discovers he or she is injured and believes the precipitating event occurred while he or she was a minor, has two years to file a claim from the time the injury was discovered.
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Special Circumstances
A claim resulting from medical malpractice to a minor must be filed within two years of the minor’s 18th birthday. If, however, an adult were to discover that medical malpractice occurred while he or she was a minor, may have two years from the time he or she could have realized—or should have realized—that malpractice occurred. For more information about the special circumstances regarding the Medford statute of limitations for minors, call an attorney.
Medical Malpractice to a Minor at Birth
If born before July 2004, a minor in Medford has two years from his or her 18th birthday to file a claim resulting from medical malpractice which occurred at his or her birth. If born after July 2004, a claim must be filed for medical malpractice at birth before his or her 13th birthday.
Contacting an Attorney about a Statute of Limitations for Minors
A qualified lawyer could assist you in understanding the statute of limitations that affect your claim and assist you in pursuing compensation. Importantly, once a cause of action is adjudicated, it is forever concluded. This means that if a claim is brought on behalf of a minor, the right of any other party—including the injured person—to bring a lawsuit for the same injury is foreclosed.
If you are wondering whether you should file a claim on behalf of an injured minor, get in touch with a dedicated attorney who could help you preserve a claim against those responsible for you or your loved one’s injury. Call today to schedule a consultation with a lawyer who is well-versed with the Medford statute of limitations for minors.
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