Tolling & statutes of limitations

Child injury victims have legal rights

In the state of New York, the statutes of limitations for civil suits resulting from an injury to a child may not begin to take effect until that child reaches the age of 18.

Therefore, if a certain injury has a three-year statute of limitations and the child receives the injury at age 10, the child has until the age of 21 to bring forward a case. The action must be sued within 10 years of accrual in an infant's medical, dental or pediatric malpractice case, even if the infancy provisions apply.

Sometimes, it can take years to determine if an injury has healed improperly. In other cases, such as with Reflex Sympathetic Dystrophy or with certain psychological injuries, symptoms may not even appear until long after the accident. In cases of lead paint exposure or other exposure to toxins, the effects aren't noticed for years.

Diagnosis after so much time has passed can be complicated. Insurance companies won't be helpful with the process of determining responsibility. Your help is right here. Contact the Law Offices of James Morris today.

A child injury has changed your life. You deserve justice. Call today.

A childhood injury may have occurred several years ago, but that is a small amount of time compared to your child's lifetime of coping with the effects. New York law allows for an extended period of recovery for damages as the statutes of limitations on an injury to a child may not begin to be tolled until that child turns 18. If you have any questions at all about recovering damages from a childhood injury, contact us today for your free case evaluation at (800) 477-9044.