Can a minor sue after four years for an accident, even if she still is a minor?

Question Details:

My mom was driving an ice cream van 4 years ago (my little sister was with her), and this little girl and her friends were causing trouble. The girl jumped on the van and my mom got scared because she thought this girl will attack her, so she tried to drive off. The girl fell on the sidewalk. Police came and didn't file any police report, saying nothing happened to her. Girl was taken to the hospital and the doctors said that she was OK. This happened back in February 2005. Now the girl is suing my mom, my sister (who is an adult now), and my brother (who had the van under his name) for 3M.

Asked 10/19/2009 under Auto Accidents | 525 View(s) | More Legal Topics

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Auto Accidents Law Answers

Robert M. Klein / Robert M. Klein, Law Offices of Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I am a CA lawyer.  First, the statute for a minor is 2 years after their 18th birthday.  Next, if your mother or brother had a policy of liability insurance, contact the insurance carrier to defend this case.  If there is no insurance, your family will need to hire an attorney.  Most lawyers will charge an hourly rate to defend this type of case.  It will cost some money, but it is certainly worth the investment.  Look on this list for any lawyer who handles personal injury cases, and start calling to find out what they will charge to defend this matter. 

Melvin C. Belli / The Belli Law Firm Answered 2 years ago | Contributor

Yes the statue of limitations or time within which one has to file a suit in the case of a minor is 2 years after she turns 18. I hope you had insurance which you should have had you should turn it over to your carrier immediately or you may lose valuable rights.

If what you said is true of her injuries I wouldn’t worry about the amount because it is not how much they are suing for but what can they prove to a jury. Having tried many cases in the last 25 years I can assure you just because someone asks for $3 million a jury doesn’t automatically award it. You have to prove every penny.

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