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Who brings a claim on behalf of an injured child?

Whenever someone is injured in Pennsylvania because of the negligence of another party, that person is entitled to recover their damages, including past and future medical treatment expenses. In the case of a minor, however, the case can be impacted by different factors, including a difference in the statute of limitations. A minor cannot recover expenses for their own medical bills until he or she is 18 years old. The parent or guardian can file a claim to recover these costs.

A problem often arises in this context because the statute of limitations for a minor’s claim begins to run on the 18th birthday of the minor. On the other hand, the statute of limitation for the parent(s) or guardian(s) of the minor begins to run on the date of the injury, and cannot be brought any later than two years after the date of injury.

For the parent or guardian, the statute of limitations on a claim like this will be two years from the date of injury. For the minor, the statute of limitations will be two years from the date of his or her 18th birthday. This can make the case more complicated. When a child has been injured, the parents and guardians may be more focused on that child’s physical recovery than they are on financial recovery. It is not uncommon for parents to fail to file their claim within the two year deadline. If there are serious injuries and/or no insurance coverage, then this can lead to insurmountable debt for the family.

It is always best to contact an attorney to discuss any claims for injuries of minor children. The sooner you contact a lawyer, the better off you will be. Ensure that your rights and the rights of your child are protected by calling a Pennsylvania personal injury attorney as soon as you can after the accident.

 

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