What is the statute of limitations on my minor child’s personal injury case?
The statute of limitations vary by state and also by cause of action. In West Virginia, Ohio, and Pennsylvania, generally a personal injury claim must be brought within two years of the date of the injury. For minors, the statute of limitations begins to run on the minor’s 18th birthday. Certain states, such as Pennsylvania, have additional special rules for minors. In Pennsylvania, if a minor is totally self-supporting, or “emancipated,” at the time of the injury, he or she must file suit within two years of the date when the injury occurred. If the minor is “unemancipated,”meaning he or she is not totally self-supporting, then suit must be filed within two years of his or her 18th birthday. Please be advised that any medical expenses incurred because of the minor’s personal injury claim is the responsibility of the parent, and the parent’s claim for their child’s medical expenses can expire within 2 years of the incident. Statute of limitations may vary for other types of cases and y
