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What is the Statute of Limitations for Minors

What is the statute of limitations for minors, I thought it was three years – like other claims – but I have been told that I may have more time?

The matter of “what is the statute of limitations for minors”, as with making a claim for children as a whole, will be slightly different than as for an adult. Under UK law, a minor is unable to initiate an injury claim for a child, or instruct a solicitor to do so on their behalf. For this reason, the time limit for claiming for a child will not commence until the child’s twenty-first birthday, at which time they will have three years in which to make a claim of their own. However as compensation for a minor may be required to pay for medical costs or schooling expenses, a claim can be initiated before this by a parent or guardian, which should first be discussed with a personal injury solicitor.

“What is the statute of limitations for minors” can depend upon the age of the child, as a claim can be initiated by a parent or guardian at any time between the child’s accident and the child’s eighteenth birthday. This means a five year old who has been injured will have more time in which to claim compensation than a fifteen year old. Before a child turns eighteen, compensation for a minor can be sought by a responsible adult on their behalf as a “litigation friend”. Litigation friends must first be approved by the court before they can represent the child, and cannot have a conflict of interest in the child’s accident or injury – for instance, an injury claim for a child cannot be represented by the child’s father if he was the negligent driver responsible for causing an accident. It should be remembered that although the time limit for claiming for a child does not commence until their eighteenth birthday, compensation may be required for the child’s well-being and should not be delayed.

The question of “what is the statute of limitations for minors” may become more complex when dealing with international law. If – for example – the child was injured on a boat or plane, the injury claim for a child must be initiated within two years. There is the possibility that your child has been mentally incapacitated by their injuries, and if this is still the scenario by the age of eighteen the time limit for claiming for a child may not commence, which can provide additional time in which to initiate a claim. By discussing the details of your claim with a solicitor, you can be advised on whether any of these exceptions apply when making a claim to compensation for a minor.

Although you may appear to have a great deal of time in which to claim compensation for a minor, you are advised to initiate a claim sooner rather than later. An injury claim for a child can take some time to settle, particularly if liability is disputed or evidence is difficult to come by. For this reason, a personal injury solicitor should be consulted at the earliest opportunity in order to ensure that your claim is properly represented and to establish whether – in your child’s case – any exceptions apply to time limit for claiming for a child. Your solicitor can also explain in detail what is the statute of limitations for minors, along with any other queries you may have.