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View Full Version : Minor child personal injury


bturnergirl
Oct 16, 2008, 08:14 PM
My son was injured at age 5, is now 17.5, and due to his fall he suffered at age five his legs do not match. He had a surgery at (on our dime) to try to level him out, but he is still off by 5-6cm. This affects his back and his hips, and he limps noticeably.
His original injury was a serious fall at the neighbor's home where he was being babaysat. He broke his femur there. Is there anything that can be done to settle now, since he was a minor when he fell... and it took this many years to see "how he would do." Now he has reached his full height,likely, and he is way off. He was offered settelements five years ago or so, but we never knew how he would fare, so we did not settle. What to do now? Does something need to be agreed before he reaches age 18, in January 2009?

Fr_Chuck
Oct 16, 2008, 09:05 PM
I am sure any statue of limiation for any civil claim would have long pasted years ago. When he was 5 was when you needed to file a law suit.

But you can and should hire a local attorney to see if there is anything you are allowed to do at this point.

PI Defender
Oct 20, 2008, 08:20 PM
It would have help if you stated what state are you in. the rules of statute of limitation are not uniform and may vary from one state to another. But in any case, Fr_Chuck is correct. Once the limitation for filing the suit has set it, the same is barred and may be dismissed when filed in court.

I wonder why you didn't sue in the first place. You also refused the settlement being offered and you sleep on your right for more than a decade. Bad thing to do.

However, consult with a personal injury lawyer. If you are by chance from California, the state has the discovery rules as an exemption to the strict application of the statute of limitation. They may be able to help, if its not too late, that is.