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The Statute of Limitations for Minors in Missouri Personal Injury Cases

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Buchanan, Williams & O’Brien can help you get through the complexities of the Missouri statute of limitations for minors. Call us for more information.

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What Is a Statute of Limitations?

Timing is everything in the legal world. Understanding the statute of limitations for minors in Missouri personal injury cases is about more than legal technicalities. It is about safeguarding the rights and well-being of minors.

The statute of limitations is a ticking clock that sets the deadline for filing a lawsuit after an incident. Its purpose is to ensure cases are brought promptly. However, there are some exceptions and extensions to the general statute of limitations for personal injury, like if a minor is injured.

Navigating these legal intricacies takes work, but Buchanan, Williams & O’Brien is here to guide you. Our personal injury attorneys are dedicated to being your ally in the pursuit of justice.

Understanding the Statute of Limitations for Minors

In Missouri, the standard personal injury statute of limitation is five years. However, if the injury occurred when the individual was under 21 years of age, the statute of limitations does not begin running until they turn 21 years old.

In medical malpractice cases, the statute of limitations is typically only two years. For minors, the statute starts running on their 18th birthday. Consequently, minors with a medical malpractice claim must initiate proceedings before their 20th birthday to prevent the expiration of the statute of limitations.

 

Why Is the Statute of Limitations for Minors Tolled?

A minor cannot file a personal injury lawsuit. Tolling the statute of limitations for a minor’s personal injury claim allows individuals injured as a minor to file an action if a guardian did not. Additionally, it allows time for the minor to be able to actively participate in and understand their case.

 

What Is a Statute of Limitations sec

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Legal Considerations for Filing a Minor’s Personal Injury Claim

In Missouri, minors cannot file personal injury lawsuits, nor can they enter contracts. Therefore, parents or guardians often play a crucial role in pursuing a minor’s personal injury claim.

Settlements Involving Minors

Since minors cannot agree to settlements, the court will take specific measures to ensure that the settlement is fair for the minor. Missouri law often requires the appointment of a guardian ad litem or another representative to protect the child’s best interests.

Under the “Missouri Statutory Thresholds for Settlements Involving Minors Act” if a guardian ad litem or conservator has not been appointed, and if the minor’s total claim is less than $35,000, a legal custodian can settle the claim on the minor’s behalf.

The Act ensures the settlement agreement and money are handled diligently. The individual acting on behalf of the minor is required to furnish an affidavit affirming that the minor receives complete compensation or, alternatively, attesting that pursuing additional amounts is deemed impractical. Additionally, strict rules exist on how the settlement money is paid, deposited, and accessed.

Understanding and adhering to the guidelines outlined in Missouri’s personal injury statute becomes crucial for those entering into a settlement agreement on behalf of a minor. Consulting with an attorney can provide guidance in ensuring compliance with these various legal provisions.

At Buchanan, Williams & O’Brien, we help navigate such complexities, offering guidance in Missouri’s personal injury statutes to make the process seamless for our clients.

Legal Considerations for Filing a Minor's Personal Injury Claim

Confused about Personal Injury in St Louis? We are here to answer your questions.

Steps To Take If Your Minor Child Is Injured

In times of distress, swift and informed actions can make a significant difference. By seeking legal guidance from Missouri accident attorneys, you can ensure that your minor child’s rights are protected and that they receive the support needed for a secure future.

Immediate Actions

  • Seek medical attention: The well-being of your child comes first. If they are injured, seek immediate medical attention to ensure their health and safety.

  • Document the incident: Take photographs of the scene, any injuries, and gather contact information from witnesses. This documentation can be valuable later on.

  • Notify authorities: If the injury occurred in a public place or due to someone’s negligence, inform the appropriate authorities. This step ensures that the incident is officially documented.

Consulting With an Attorney

  • Contact a personal injury attorney: Reach out to a seasoned personal injury lawyer, like those at Buchanan, Williams & O’Brien.

  • Review legal options: A lawyer can help you understand your minor child’s personal injury claim and the Missouri personal injury statute of limitations. They will assess the circumstances, potential liability, and guide you on a course of action for your child.

Long-Term Considerations

  • Keep detailed records: Maintain a comprehensive record of all medical treatments, expenses, and other relevant information. These records are crucial for building a solid case.

  • Monitor your child’s recovery: Stay vigilant about your child’s recovery process. Consult medical professionals regularly to ensure that their health is progressing as expected.

Planning for the Future With Legal Guidance

  • Discuss long-term impacts: Consult with medical professionals to understand the potential long-term impacts of the injury on your child. This insight aids your personal injury attorney to calculate and recover compensation.

  • Explore settlement options: Your attorney can help you explore settlement options that are fair and just for your child’s situation. This may involve negotiations or pursuing legal action. Your attorney can also help you understand the Missouri statutes regarding minor personal injury claims, settlements, and appropriate avenues to pursue compensation.

  • Secure your child’s future: With legal guidance, plan for your child’s future. This may include setting up trusts, securing financial compensation for ongoing care, and ensuring their well-being in the years to come.

Take the First Step With Buchanan, Williams & O’Brien

A profound understanding of the statute of limitations for minors in Missouri is not just a legal necessity; but an essential element in getting justice for our young ones. This knowledge becomes a compass for guardians navigating the complexities of personal injury claims involving minors.

Legal representation can be vital in personal injury cases, particularly concerning minors. Buchanan, Williams & O’Brien is a trusted ally, offering a seasoned team of personal injury attorneys with a proven track record in handling such delicate cases.

We are here to guide you on the laws regarding minor personal injury claims, making the legal journey smoother for our clients. Contact us today.

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