In most States, and I believe in CA as well, the time period for bringing a lawsuit, called the statute of limitations, is stayed - meaning does not begin to run, if the injured party is a legal-minor, typically defined as being under the age of 18, until that minor turns 18. Therefore, you should still be able to pursue a claim. Consult and retain an attorney a.s.a.p, as it appears that you have a valid suit against at least the driver/owner of the car that hit your son.
A local car accident lawyer in your area will be able to tell you the statute of limitations and any exceptions for minors injured in an accident. Some states toll the statute of limitations until the minor reaches the age of majority. Other state have a statute of repose limiting the total number of years. A local attorney specializing in car accident will easily answer this issue.
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Your son still have time to sue the negligent driver. Your son has until the age of 20 to file the lawsuit, but he should not wait that long and neither should you. With the passage of time, evidence can be lost with witness' memories fading or worst, falsely transplanted with new memories which may be adverse to your son's case. I strongly recommend that you contact a local personal injury attorney immediately.
Minh T. Nguyen, Esq.
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Yes you can still proceed. the time limit is until two years after the 18th birthday. Of course you do not want to wait that long - you should take immediate action since the passage of time is your enemy. If you want a further specific consultation please feel free to contact our office at 714-774-1944.
As the other fine attorneys here have pointed out, the statue of limitations tolls (suspended temporarily) until your son's 18th birthday. Then you will have two years from that time to file. However, you should proceed quickly and start consulting with personal injury attorneys now, as evidence may be misplaced or lost, witnesses can be hard to track down, and recollection of what happened can fade. If I can be of any assistance feel free to contact me.
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While the law places somewhat short time limits on suits by adults, the law gives lawsuits by children quite a while as it is not their fault should their parents not file suit in a timely manner... plus, injuries in children may lead to growth abnormalities that do not manifest for years. However, just because the law allows a child to file suit for quite a while does not mean said child should wait... witnesses forget over time, documents get lost, streets get redesigned, medical records are lost, doctor's offices close down, police reports are lost in storage, etc. The sooner the better is a good motto when starting a claim and lawsuit.
Since many of us personal injury types offer free consultations and take personal injury cases on a contingent basis, there really is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
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Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Be careful about what you say (especially in writing) about your son not losing any abilities. You don't know for sure, and you don't want your statement to be twisted to mean that he has no injury or damages from the collision, including pain and suffering.
The responding attorneys are correct in their recitation of the law. You should consult with an experienced car accident attorney to review your options and potential claims. I have over 20 years of experience defending my clients and aggressively pursuing their rights. I recently settled a claim in which my client was hit by a speeding driver and I am glad to say that my client is recovering well. Feel Free to use the provided link or any other resources to help you find the help you need. Best of luck.
Absolutely!!! Statute of limitations doesn't begin to run until he turns 18!
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