People hurt by others or affected by business negligence often have the right to file a lawsuit. Provided they can show that a preponderance of the evidence supports their claim that harm occurred and was caused by a specific outside party, the Florida civil courts may grant compensation to those injured in car crashes.
Civil litigation is subject to statutes of limitations. Florida state laws limit how long individuals have to pursue different types of legal actions. In most cases, the same statute of limitations applies regardless of the circumstances. However, Florida does have special rules in place for unusual and unique circumstances. For example, the rules regarding the timeline for legal action are different in cases where a party hurt was a minor at the time of the incident.
What does the law say about a teenage car crash victim’s right to pursue compensation?
Underage plaintiffs are subject to unique rules
Most car crash injury lawsuits are subject to a two-year statute of limitations. The opportunity for litigation ends two years after the crash initially occurred. The law does include exceptions for underage people if a car crash occurred after March 24th, 2023.
When the party with serious injuries was a minor at the time of the crash, they have a slightly more lenient rule that applies to them. The clock counting down to the statute of limitations does not begin until the injured party’s 18th birthday. The state pauses or tolls the countdown until the injured party becomes a legal adult. They have two years, essentially until they turn 20, to initiate a personal injury lawsuit.
This lawsuit may be separate from any claim brought by their parents. Parents pursuing compensation for economic losses after a car crash that may have injured them and a minor child are still subject to the standard two-year statute of limitations. The special rule only applies in scenarios where the minor child has their own reason for pursuing litigation, such as a permanent injury that may affect their long-term earning potential.
In some cases, parents may act as a “next friend,” essentially initiating legal action on the child’s behalf while they are still a minor. This may be an option in cases where the minor injured is under the age of 11. Even though the law does offer a longer timeline for minors hurt in car crashes, there is an absolute deadline that applies. State law requires that the lawsuit must commence within seven years of the date of the initial crash.
Teenagers who have recently become adults and who face setbacks due to previous car crash injuries may want to explore their options with the assistance of a skilled legal professional. Filing a lawsuit can potentially help teenagers recoup the financial impact of a car crash injury.
