Accident victims must take legal action against at-fault parties within a set time period, known as the Statute of Limitations, if they wish to pursue compensation for their injuries. However, claims involving victims who are minors follow a different set of rules.
Our personal injury attorneys explain the rules that govern claims for minors in Maryland. For help with your claim, schedule a free, no-obligation consultation.
Unfortunately, there are several situations which may lead to a minor becoming injured. These injuries can result in significant medical expenses and leave an impact on the victim’s life well into adulthood.
Situations where a minor may sustain an injury include:
If the minor’s injuries resulted due to another party’s negligence, there may be cause to file a personal injury claim and pursue compensation for their damages.
In Maryland, adult victims have three years from the date their injury occurred to file legal action against the at-fault party or parties. If one fails to take action within this time frame, typically he or she forfeits the right to pursue compensation for injuries.
In the case of a minor victim, the three-year statute of limitations does not begin to run from the date the injury occurred. The statute of limitations begins to run on the child’s 18th birthday.
If the minor’s injury is a result of medical malpractice before the child reaches 11, the statute of limitations starts on the victim’s 11th birthday. For victims under the age of 16 who suffer harm to the reproductive system or an injury caused by a foreign object, the clock starts when the minor reaches age 16.
Most personal injury claims involving minors are resolved through a settlement agreement. This involves a hearing before a Superior Court Judge to decide whether the child’s best interests are being protected.
The minor is either represented by a parent or guardian ad litem who advises the judge that the settlement terms are in the child’s best interests. The judge will then speak to the minor and review his or her medical records before accepting a settlement. If a settlement is reached, the funds must be held for the minor until he or she reaches age 18.
If your child was injured because of another’s negligence, speak with our experienced Maryland personal injury attorneys to determine the deadline that applies to your situation.
The Law Offices of Peter T. Nicholl has helped many injury victims and their families pursue maximum compensation for damages, including medical bills, lost wages, and pain and suffering.
Request a free consultation to discuss your claim with our attorneys. There are no upfront fees and you only pay us if we recover compensation for your child.
We are standing by to take your call. 410-244-7005.