Two years ago, my children and I were injured in a car crash. Is it too late to be awarded a settlement?


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Question:

Two years ago, my children and I were injured in a car crash. Is it too late to be awarded a settlement?

Answer:

After a car accident many people are shaken up and do not know how to handle a claim. Victims may have sustained injuries that do not appear until a later time. For these reasons there are statutes of limitations, the amount of time you have to file a lawsuit. It depends on which jurisdiction the accident occurred in to determine how long you have before the statute has run. 

In many cases an individual will have to file a lawsuit before their claim has been settled to protect the statute. Even if the party is still in negotiations and does not have any intention of actually taking the case to trial, the filing must be in prior to the statute date. 

As an adult, the statute of limitations is usually two to three years from the date of the accident. This will vary by jurisdiction and you should check your state laws to be sure of your statute. In most jurisdictions the statute of limitations for minor children is two years after the 18th birthday of the child. The reason for this is that the law wants the person to be of a sound, adult mind prior to closing the statute to them. Some children may be coerced by other parties not to make a claim; for this reason the law allows them two years after they become an independent adult (in the law's eyes) to make their injury claim. 

If you need assistance filing a lawsuit prior to the statute running contact a qualified attorney. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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