Recently, I watched a YouTube video of a car accident involving two trucks and a sedan. What made this accident particularly interesting and concerning was that a baby was on board the sedan.
The two trucks were going in opposite directions on a stretch of road that did not include a concrete median barrier between the two opposite lanes of traffic.
Two Truck, One Sedan & A Baby: A story of A baby injured in a car wreck
One truck, the at-fault truck, ventured across the solid double yellow lines and sideswiped the other truck headed in the opposite direction. Large chunks of debris from the impact flew into the windshield of the sedan trailing the truck that was not at fault.
The impact involving the debris from the two trucks colliding and the sedan was clearly significant and placed the occupants of the sedan in jeopardy of sustaining serious injury or death.
The camera with an audio recorder is positioned within the sedan and upon impact with the sedan and the debris, you can hear the sounds of breaking glass and crunching metal. Towards the end of the video, you hear the unnerving cry of a baby.
What is the statute of limitations for a minor injured in a car accident?
Judging from the overall circumstances of the video, thankfully, the baby appeared to be unharmed. The parents will, undoubtedly, file a lawsuit for their injuries and damage. However, what about a minor?
A baby or a young minor is not in any position to file a lawsuit for damages sustained from the negligence of another, so what happens to the rights of a minor to bring forth a lawsuit? Does it simply elapse after three years? No, it does not! If a baby is injured due to the negligence of another, as in the motor vehicle accident, described above, that baby will three years after its 18th birthday to file a lawsuit. Therefore, the clock is “tolled,” meaning the clock stops when a person is a minor and does not begin to accrue until they are considered an adult at 18 years old.
What is the statute of limitations for a minor injured from medical malpractice?
Consequently, the baby in that video will have up until the age of 21 to bring forth a lawsuit. In medical malpractice lawsuits, the statute of limitations is 2 ½ after the discovery of the injury, therefore, a minors time to bring forth a lawsuit will not elapse until they reach the age of 20 and a ½ years of age. In cases involving medical malpractice, the time to file a lawsuit will not begin to accrue until the adult discovers (“the discovery rule”) the connection of the injury with the negligent actions of the medical professional.
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