DC Statute of Limitations for Minors
The statute of limitations is generally the statute which determines how much time can pass between a crime or an event and the filing of a lawsuit or the initiation of charges. In DC, the statute of limitations in personal injury cases for minors is different from the statute for adults. The statute as it pertains to a minor extends the statute of limitations to three years from the date the minor turns 18. In other words, any minor who is injured through the negligence of another has until he or she is 21 years of age in order to initiate a personal injury lawsuit against the at-fault party. To learn more, get in touch with an experienced personal injury attorney in DC who can provide more detailed and case specific information.
Contacting a Personal Injury Lawyer
The statute of limitations for minors in DC is calculated from the date the minor turns eighteen. Anyone who is injured as a minor has three years from the time they turn eighteen to initiate a claim or resolve it fully through settlement.
A parent or guardian should contact a personal injury attorney as soon as possible on behalf of their minor child so that the claim can be resolved as quickly and efficiently as possible. While the statute of limitations is extended for a minor’s claim, it is usually best to handle the claim as soon as possible, since all of the information is readily available to the parties at that time.
If the parent or guardian chooses to wait until their minor child turns 18 and allows the minor to handle it on their own as an adult, then important witnesses may no longer be available, and important evidence or documents may be lost due to the passage of time.
There are too many possibilities that could go wrong with the case the longer a person waits. It is in a minor’s interests to retain a personal injury attorney right after an injury occurs and to work the claim to conclusion as quickly as possible.
The Discovery of Harm Rule
The discovery of harm rule is a slight variation of the standard statute of limitations. Like with adults, the discovery of harm rule extends the statute of limitations through an exception in the law. The discovery of harm rule allows a minor three years from the time the harm is discovered in order to either resolve his or her claim or initiate a lawsuit.
Insurance Claim Adjusters
The best way a parent or guardian can ensure that their child’s claim is not ruined by an insurance claim adjuster is by retaining a personal injury attorney. The claim adjuster does not have the interest of the minor at heart and can and will use any defenses available, including the statute of limitations, to deny the claim and make no payments.
Hiring an experienced and aggressive attorney is a helpful solution to keeping insurance adjusters from ruining the opportunity for a minor to be properly compensated for his or her injuries.