My child was injured in 2015 by a temporary foster parent. Would I still have room to file or has the SOL expired in 2017?
Generally, assuming this is not a claim against a Government entity*, a minor has until their 20th birthday to file a personal injury lawsuit. Please note you should immediately consult with an attorney as statutes of limitations vary depending on the type of case.
* Claim against Gov't entity, within 6 months Gov't claim form must be filed with the Gov't entity; however a minor can petition for a late claim up to 1 year
You may have a civil action prosecuted now. For a minor the statute does not start to run on this kind of case until the child reaches 18. It is best to contact an attorney as soon as possible as there are many issues to discuss.
Your child probably still can, against the foster parent. Consult with an attorney to go over the issues.
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A minor has until there 20th birthday to file a lawsuit unless it is a government entity at fault then it's until they are 18.5 years old. Definitely consult with an attorney to see if evidence has been preserved. It's not simply a matter of what a client knows that matters most. It is more important that evidence has been preserved that proves the facts.
In this case, although the statute of limitations may not have run, you still want to ensure that your facts can be proven. Definitely consult with an attorney asap.
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