Statute of Limitations and Children

Statute of Limitations Laws Allow Children More Time to File a Lawsuit

For most Pennsylvania and New Jersey personal injury cases, adults must file a lawsuit within two years of an incident. When it comes to children, the start time on the statute of limitation for most civil suits does not take effect until the girl or boy reaches the age of 20. This is known as "tolling" of the statute of limitations. Tolling means that the statute has stopped from running for a period of time.

Under New Jersey law, the statute of limitations begins to run on a minor's 18th birthday except in cases of medical malpractice resulting from birth injury. Any claim for malpractice based on birth injury must be filed by a minor's 13th birthday.

If a parent or guardian fails to make a claim after a child is injured, perhaps hoping the child's injury may improve, Pennsylvania and New Jersey law preserves the rights of children to make claims until the age of 20 for any injury that occurred before the age of 18.

Why the Statute of Limitations Law Treats Children Differently

There are other reasons for the tolling of the statute of limitations. When children are injured, it may take years to determine if the injury has healed improperly. In other cases - such as with Reflex Sympathetic Dystrophy or CRPS or with certain neurological injuries - symptoms may not appear until long after the accident. In cases of exposure to toxins, the effects may be hidden for years.

Be aware that insurance companies generally won't help you determine responsibility for your child's injury, but our firm can provide assistance.

Contact a Personal Injury Lawyer with Our Firm

You deserve justice. We can help. If you have suffered an injury in Pennsylvania or New Jersey, contact Flager & Yockey, P.C. Our skilled attorneys can provide you with the knowledgeable representation you need and the personal attention you deserve.

Call (215) 953-5200 or 1-888-470-1099 today for your free personal injury consultation. We have offices in Trevose, New Hope, Philadelphia and New Jersey.

Remember, you don't pay us unless you win.