Does a minor have 3 years from their 18th birthday to file a lawsuit?
by Anonymous (NY)
My daughter was bit by a dog in 2006 at age 7. She has a permanent facial scar above her lip from the attack. I heard there was a statute about minors starting a lawsuit have up to three years from the time they turn 18. Is this true?
Does a minor have until 3 years after they officially become an adult to file a lawsuit for an injury they suffered as a child? Thanks for any information you can give.
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ANSWER for "Does a minor have 3 years from their 18th birthday to file a lawsuit?":
Yes, under New York State Law a minor has three years from the date of his or her eighteenth birthday to commence litigation (file a lawsuit). For medical malpractice actions, the statute of limitations cannot be extended for more than ten years from the date of the act or omission giving rise to the injury.
Extending the statute of limitations filing period is called "tolling" the statute. Therefore, your daughter has up to three years from her eighteenth birthday to either settle her personal injury claim or file a lawsuit. Once a lawsuit is filed the statute of limitations is tolled indefinitely.
This presumes at or near the time of her injury in 2007 you hadn't already filed a personal injury lawsuit on behalf of your daughter. If so, your daughter may be precluded from filing her own personal injury case on her eighteenth birthday, or within the next three years after it.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
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