STATUTE OF LIMITATIONS FOR MINORS
Understanding the statute of limitations is crucial for any legal case, particularly those involving minors. The statute of limitations sets the deadline for filing a lawsuit, and missing this deadline can impact your ability to seek compensation. In most cases, filing past the deadline results in losing the right to seek monetary recovery. At Mintz Law Firm, we know how important it is for minors to have time to learn and make better decisions.
For minors, the rules can be different and more complex than for adults, recognizing that children may need additional time before they are capable of taking legal action on their own behalf. Knowing these timelines is essential to ensure that legal rights are protected and justice is pursued effectively, whether you are a parent, guardian, or young adult. In particular, minors will typically be able to reach adulthood before running out of time to file a claim. In most personal injury claims, minors have at least two years after their 18th birthday.
Is the Statute of Limitations Different for Minors in Colorado?
Yes, the statute of limitations is generally different for minors. The State of Colorado places what is called a statute of limitations on most legal claims. The statute of limitations for minors and adults varies depending on the type of case at issue.
In most types of personal injury cases, the statute of limitations is relatively short and only allows a few years after the date of the injury for the injured party to file a lawsuit. In Colorado’s personal injury law, the statute of limitations for those who have reached the age of majority is typically two years. In Colorado, the age of majority has been set at 18 years old.
For most individuals and adults, if a lawsuit is not filed within the time frame specified by the applicable statute of limitations, the injured party, or plaintiff, would be barred from seeking a remedy for their injuries in a Colorado court of law.
The statute of limitations will not begin to run until the minor plaintiff reaches the age of majority. This means, in most situations, a minor plaintiff would have at least until they reach 18 years of age. For a car accident, a minor victim would have until they turn 20 years old.
How Does the Statute of Limitations Work for Minors in Colorado?
Due to the age of the plaintiff, there can be variances in connection with a statute of limitations for a personal injury case. Under Colorado law, when a personal injury case involves a minor plaintiff, the minor plaintiff could have much longer to file a lawsuit.
A recent Colorado Supreme Court decision clarified how this statute of limitations rule works for minors, specifically for those involved in car accidents. The Colorado Supreme Court has clarified that these claims can be established within three years of the collision or within two years of turning 18, whichever happens later. This applies to all claims involving children in Colorado motor vehicle accidents, allowing them to bring a lawsuit against the at-fault party who caused the injuries to the minor plaintiff. This practice may apply to all personal injury claims involving minors.
Example of How This New Ruling Works
Imagine a minor was seriously hurt and facing injuries after a car accident. If the plaintiff was 10 years old when the accident occurred, then that minor plaintiff should have until they are 20 years old to file their claim. This is because the minor will have either three years after their accident or two years after they turn 18, whichever is later.
The initial statute would only give the minor until they are 13 years old to file, but this ruling clarifies that the minor will have until two years after they turn 18. Instead of just three years to file, the minor has 10 years to grow up and decide to take legal action against the responsible parties.
Exceptions to the Rule: When Claims Involving Minors Don’t Have an Extended Statute of Limitations
In some circumstances, a minor does not have the right to file after reaching adulthood. For example, if the impacted minor has a legally appointed guardian, conservator, or successor in trust, the regular deadline applies to the claim.
Certain exceptions may be applicable in cases where an individual has a disability. There may also be exceptions if an individual is no longer considered disabled, such as when a disability diagnosis is terminated or disability support no longer applies.
For example, in a car accident claim where a minor has a legally appointed conservator, the claim would follow the typical statute of limitations of three years. This is because the adult can take action on the child’s behalf, no longer necessitating the extension written into Colorado law.
Individuals Who Were Made Victims as Minors Can Receive Significant Support From Mintz Law Firm
Mintz Law Firm has successfully represented minor plaintiffs, before and after the age of majority, in multiple cases. A recent case handled by our firm involved an accident with a young child who was less than 10 years old at the time of the accident, who thought there was no remedy available once the client was over 18 years of age. After speaking with the client and their family, we decided to take the case. We helped the client recover compensation for over a decade of suffering and multiple surgeries they were forced to endure.
Our firm successfully obtained a settlement more than a decade after the accident took place. Given our past success and significant experience, we know we can also help you and your family with your legal matters. If you need support, please get in touch with Mintz Law Firm. If you or anyone you know has been injured by the carelessness of another person or entity – even if you think it’s too late to pursue a case – we care, and we can help. To schedule a free consultation, you can call us at (303) 462-2999 or complete our contact form.