Visitor Question

Legal action as adult for injuries that occurred as a minor?

Submitted By: A (USA)

My wife was injured in grade school (1995 – 2nd grade) by a lunch table that fell from a wall and broke her nose.

The school district painted over the safety locks that secured the table to the wall, which led to the accident.

The school district quickly settled with her parents for only the cost of her medical bills at the time.

My wife is now 27 years old and experiences complications from the injury such as chronic nose bleeds and breathing issues. Her nose is noticeably misaligned and she has a large bump at the site of the break.

Does she have any legal right as an adult to re-open this case and be compensated by the school district for her medical bills related to this injury? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

Unfortunately, No. She can’t re-open the case.

The case was settled back on or around 1995. Even if the case was settled without the filing of a lawsuit, the statute of limitations has long since passed. You wife is 27 years old now, and it’s not likely a “Discovery of Harm” assertion will hold water.

Moreover, even if the statute of limitations did not pass, there are too many intervening factors which might have led to the exacerbation of your wife’s prior injuries.

Nevertheless, it wouldn’t hurt to meet with a personal injury attorney in your area. Most should offer a free initial consultation to discuss the specifics of the case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 20, 2014

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