Camden County Statute of Limitations for Minors
A statute of limitation is a time frame set up within the law that requires a lawsuit to be brought within a certain period of time. The statute of limitations for minors in Camden County begins to run two years from their 18th birthday, unlike an injury for an adult where the two years begins to run automatically. There are always exceptions to that law, but for an injury to a minor, the time frame of the suit does not begin to run until their 18th birthday. In a personal injury matter, they would have two years from their 18th birthday to bring a claim for injury even if the injuries happened when they were 10 or 11 years old.
Because of the various complexities and exceptions, it is important to consult with a lawyer early in the process to help you determine, whether for your child or for yourself, when a statute of limitations begins to run. In order to best understand the Camden County’s statute of limitations for minors, a personal injury attorney should be contacted as soon as possible.
Calculating the Statute of Limitations
Two years from the minor’s 18th birthday is when the statute of limitations begins to run for minors in Camden County. That statute of limitations is modified in certain medical malpractice cases involving birth injuries. If there was an injury during birth, the statute of limitation is modified by statute in New Jersey. These are complicated analyses that need to be handled by experienced attorneys.
Discovery of Harm
The discovery of harm or the discovery rule is an equitable mechanism that may extend somebody’s statute of limitations or give them more time to file a formal lawsuit or bring a claim. The statute of limitations with the discovery rule, as it applies to a minor’s case, is similar to an adult in that a statute of limitations does not begin to run under the law in New Jersey until somebody knows they have been injured as a result of the negligence of someone else.
Sometimes it can be difficult to determine when the exact injury occurred, who was responsible, and if somebody with due diligence should have known that someone else was responsible. This applies to minors, as well. Although a minor’s statute of limitations begins to run at 18 years old, they may have an additional period of time extending their statute of limitations, because various equitable considerations under the discovery rule would extend that time.
Working with a Personal Injury Attorney
There is nothing more important to any parent or guardian than the minor they are responsible for. Anytime a minor has been injured, they need the assistance of somebody with experience in understanding and determining statute of limitations, preserving evidence, and protecting rights. That is why they should contact an attorney immediately. Statute of limitations may be different for minors in Camden County, and there are exceptions to every rule in legal issues that need to be analyzed. Every case is unique and all children deserve to be protected.