Can you file a petition for a minor's compromise on a non-litigated case after the statute of limitations has run?

Asked about 4 years ago - Paramount, CA

Can you file a petition for a minor's compromise on a non-litigated case after the statute of limitations has run or must you do it before the statute has run as my case was settled without having to file a lawsuit but the statute runs in two weeks and I'm not sure if I have to file the petition for minor's compromise before the statute expires. Thank you.

Attorney answers (1)

  1. Douglas James Pettibone

    Pro

    Contributor Level 11

    Answered . I would have to defer to a PI attorney but I can tell you a practical approach. File the minor's compromise now. You still have two weeks and you are going to have to file one anyway. There must be a reason why you don't want to file now. That being said a PI Attonrey would know best. Also you can enter into an agreement with the other side to toll the statute. This is not uncommon. You can probably find an example of a tolling agreement on the internet somewhere. If it is an insurance company you are dealing with they probably have a tolling agreement. Unless you get a straight answer from a PI attorney that it is okay to file the minor's comp after the statute, I would file the minors comp now or enter into a tolling agreement. These two methods protect you in the event that you have a statute problem. I am going to advise you to see an attorney on this issue that specializes in these types of matters. Good luck

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