Minor and Children’s Claims
The injury of a child can be a very traumatic experience for both the injured child and the parents. Oftentimes, the full extent of the injuries suffered by a child, whether physically or emotionally, is not known until years after the accident. As such, there are special rules that apply when minors and children are injured.
Tolling of the Statute of Limitations
The most important distinction applied to minor injuries is the tolling, or delaying the running, of the statute of limitations. The statute of limitations refers to the time in which you must bring a lawsuit. If you do not bring the lawsuit within that time, a person loses his or her right to bring a lawsuit. Typically, in personal injury cases, an injured party only has two years from the date of the injury to file a lawsuit.
However, this is not the case with minor children. While minors are still subject to the two year requirement, the date that the time requirement begins to run is the day the minor child turns 18 or is emancipated. Accordingly, minor children are allowed an extended period of time to bring a lawsuit seeking compensation for their injuries. However, this does not mean that a lawsuit should not be filed within the original two year period.
In addition to the tolling of the statute of limitations, there are other important differences that apply to many minor claims. These differences include the following.
- Required Probate Court Approval
- The minor’s settlement may be placed in a Restricted Bank Account.
- The minor’s settlement may be used to fund a Structured Settlement.
We represent clients throughout the state of Arizona and are ready to assist you through this difficult time. If your child was injured in an accident, please call the Law Offices of Michael Cordova at 602-265-6700. Our Phoenix Personal Injury Lawyers offer a free, personal, and confidential consultation to answer any questions and to explain your rights.