There are many factors to consider when approaching a personal injury lawsuit. One of the more important factors is the statute of limitations - or date at which it is too late to sue.
Every state has a set time limit for filing lawsuits. The time period may run from the date of the accident until a limit set by each individual state. The time period can also start at another time, such as when the injury was actually discovered. This could be years after the accident occurred. If you neglect to file a lawsuit within any set timeframe, you lose the chance to do so altogether. These statutes of limitation are set by law and vary depending on the state in which the personal injury lawsuit is filed. Click here for personal injury statutes of limitations by state.
Companion laws that extend the amount of time an injured minor has to file a lawsuit have been created in many states. These statutes known as Minor’s Tolling Statutes work by delaying the "tolling period" or statute of limitations. For example, in a state where the statute of limitations is 2 years, the addition of a minor’s tolling statute could make it so that the 2-year period does not begin “tolling” until that injured child turns 18. Then the injured child would have until he or she is 20 years old to file the claim.
Another important issue to consider before filing a lawsuit is what type of injury your child has and when it was discovered. Statutes of limitations for injuries in most jurisdictions in the United States begin tolling either from the date of injury or from the date the injury was discovered. This allows for injuries that aren't detected until a while after the accident to be properly compensated. Though 7 years is a very long time, for any jurisdiction, it may not be too long if the injury your child sustained could not have been discovered earlier. The laws of your state, the nature of the injury, and the reasons you waited seven years to seriously consider suing are all relevant in making this determination.
If you are unsure about whether or not your case is strong enough to win a personal injury lawsuit, ask an attorney who has a free or reduced cost initial consultation. Experienced and high quality personal injury lawyers are available in every jurisdiction. If you are discouraged by the prices attorneys charge, don’t be. Many attorney’s provide initial consultations free of charge or at a drastically reduced cost. During the consultation, the attorney can answer any questions you may have about pursuing a personal injury lawsuit.