January 18, 2019

Statute of Limitations for a Child Involved in a Personal Injury Claim

Personal Injury Child

If you are injured in an auto collision, you may be able to file a personal injury claim. You can only do that for a certain period of time. If you miss the deadline, it will be too late. In general, the deadline to file a claim is three years after the accident. When a child is hurt, though, the law is different.

A Minor Can File a Personal Injury Claim for Up to Two Years After Turning 18

When a child under the age of 18 gets hurt in an accident due to someone else’s negligence, the child’s parent or guardian can file a personal injury lawsuit on the child’s behalf. When the child turns 18, then he or she can file his or her own lawsuit.

In Wisconsin, the usual deadline, called the “statute of limitations,” is different for children than for adults. Wisconsin law provides that children under 18 who are injured in an accident can file a personal injury claim at any time until two years after they turn 18. In other words, they can file until they reach age of 20.

Why Is the Deadline Different for Children?

The reason for this law is to give children a chance to decide for themselves if they want to sue for personal injury. For example, say a 12-year-old child got injured in a car accident. Because the child is under 18, she can’t decide on her own to file a lawsuit. Her parent or guardian would have to file on her behalf.

But say her parents don’t want to file a claim for her. At that point, there is nothing the child can do. However, when she turns 18, then she can file a claim for herself. So, the law’s extended statute of limitations for children gives her two years after she reaches 18 to decide whether or not she wants to sue for the injuries that resulted from the accident that happened when she was 12.

There are some exceptions to this law. For example, it doesn’t apply when the claim is against a doctor. There are other exceptions too, so it’s a good idea to talk to a personal injury attorney to find out how the law applies in your particular circumstances.

Don’t Miss Your Deadlines!

The law is very strict about when you are allowed to file a personal injury claim. It’s important that you don’t lose your opportunity to get compensation for your injuries. You may be entitled to compensation for medical expenses, loss of income, and pain and suffering. An experienced personal injury lawyer will make sure that you meet all the deadlines and that all the details are properly taken care of.

Contact a GCW Personal Injury Attorney

At GCW, we are dedicated to helping you get the compensation you deserve. If you or a loved one have been injured in an accident, contact us to learn more about how we can help.

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