Is the Personal Injury Statute of Limitations Different for a Child?

In New York and New Jersey, the personal injury statute of limitations is different for a minor. Essentially, it is the deadline to file a lawsuit. Each claim will have its own deadline, as designated by state law. Under New York law, a minor has three years to file a personal injury lawsuit from the date of their eighteenth birthday. In New Jersey, it is two years. If you were injured as a child and would like a free case analysis, please contact us at Kantrowitz, Goldhaimer & Graifman P. C. to schedule a consultation.

Statute of Limitations for a Minor in New York and New Jersey

If a minor is hurt in an accident, they cannot bring a lawsuit, but rather their parents, or guardians, must do this on their behalf. As per the  statute of limitations, there is a time limit to file. In New York, the statute of limitations for most personal injury claims is three years. However, when bringing a personal injury claim against the government, the deadline is only 90 days. Like with many other areas of law, there are exceptions.

These exceptions can “toll” or delay the running of the statute of limitations—e.g. when the person is a minor. In New York, for example, a child who sustained an injury when they were seven years old would have until 21 to file a personal injury action. Suppose you were eight years old and suffered a fall on a school playground. The school was negligent, and further, the repercussions of that injury followed you into adulthood. It could be a complex leg fracture that has hindered your love of sports. In that case, again, you would have until the age of 21 to file.

In New Jersey, the statute of limitations is two years. However, if the injured person was a minor, they have two years from their eighteenth birthday to file. A minor who sustained an injury in a slip and fall in a grocery store when they were twelve years old and suffered cognitive issues from a brain injury, would have until the age of 20 to file a personal injury action.

Contact us today for a free consultation

For over four decades, at Kantrowitz, Goldhaimer & Graifman P. C., we have been committed to bringing artful legal representation to individuals, families, and businesses in New York and New Jersey. To determine whether you fall under the statute of limitations, or any applicable exceptions for minors, reach out to our personal injury lawyers today for a private consultation. We have offices in both states, including Rockland County and Bergen County. Contact us today to schedule your case analysis.