Aurora Car Accident Statute of Limitations for Minors
For a minor, the statute of limitations differs significantly, because a minor does not have the capacity to bring a claim. A lot of times what will happen is that their parents will bring their claim. The statute of limitations is calculated from three years from the date that the minor will have turned 18 years old. It could be critical to speak with an attorney about Aurora car accident statute of limitations for minors and how that can impact the process of filing a case on their behalf. Contact an established car wreck attorney right away to begin discussing your claim.
Who Files Car Accident Claims on Behalf of Minors?
What often happens is that the parents present the claim and reach a resolution of the case on behalf of the minor and then present that settlement to a court for approval of the settlement. The court will generally approve the settlement. That has a binding effect, so the minor cannot make a second claim once they turn 18 and have that capacity to bring a claim against the insurance company.
A claim involving someone who has disabilities may be dependent upon their guardian. Most people with a disability are protected by a guardian ad litem or someone with power of attorney and decision-making abilities. That statute of limitations will fall on the person with the decision-making abilities to make the claim for the disabled person.
What happens if a Trial Goes Beyond the Statute of Limitations?
If a trial goes beyond the statute of limitations, the case can still proceed. As far as the statute of limitations calculation goes, it is important that the case be filed before the statute of limitations runs. As long as the case is filed before the statute of limitations runs, the case can proceed. Oftentimes a trial is set beyond the statute of limitations, but the case is still able to proceed because they preserved the right to bring the claim by filing the lawsuit before the Aurora car accident statute of limitations for minors ends.
Retaining Appropriate Legal Services
It is recommended to retain the services of an experienced car accident attorney if a person is pressed against the Aurora car accident statute of limitations for minors. There are certain procedural requirements that have to be met when filing a lawsuit that a lot of inexperienced personal injury attorneys or parties proceeding pro se may not know. That inexperience may lead to them having their complaint dismissed by the court after the statute of limitations has ran, which would bar the injured party’s ability to recover damages for the collision that they were involved in. It is important to have an experienced personal injury attorney by your side to better understand the procedural technicalities that need to be met to preserve a claim.