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how long is statue of limitation on a car accident for a settlement?

involving a minor that has to go through probate court

Update:

the injury was my minor son, he had a broken humerous bone, a settlement was reached but the accident was almost a year ago and we are to go through probate to close the case...it was in the state of ohio, I signed papers tos ettle this but they havent done anything since then

Update 2:

the other person was at fault....

3 Answers

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  • Lori
    Lv 6
    1 decade ago
    Favorite Answer

    You haven't given nearly enough information to answer the question. Where did the accident occur? Who was the minor? The passenger? The driver? Who was at fault? Since the probate court is involved, who died? Did that person die as a result of the accident? Has a lawsuit already been filed?

    Edit to add: Was an attorney or your insurance company representing you in the settlement negotiations? If so, have them contact the other side to move the process along. If not, have you contacted the other side to learn the reasons for the delay? Alternatively, you could contact the court directly, to see if you could move the process along.

    If you want to ensure that your, and your son's, interests are protected, it would be best to contact an attorney who specializes in personal injury law, if you haven't already done so. However, before you do that, you must decide if you are happy with the settlement that has already been reached. An attorney may try to talk you into "holding out" for a larger settlement (and thus a larger fee for the attorney) or into filing a lawsuit against the other driver/insurance company in hopes of getting a larger award. I would advise against going to most law firm that regularly advertise on television. They tend to be the "ambulance chasers" that would want you to hold out for larger awards (and larger fees). If the settlement is already negotiated, but not finalized, a good personal injury attorney should be able to help you finalize the settlement and charge a reasonable fee. If necessary, such an attorney would also be able to ensure that your rights are protected and, if a lawsuit is necessary, that it is filed within the appropriate time period.

  • 1 decade ago

    The statute of limitations on when you may bring a suit against someone varies from state to state.

    In my state, for personal injuries, it is 2 years.

    On your edit. The statute of limitations in Ohio is 2 years. In the event that they do not follow through with the settlement, you will have to file a claim within 2 years of the date of accident.

  • 1 decade ago

    It depends on where you live of course but the currently accepted term for making a claim in the UK is six years after the event.

    This does allow for the 'victim' to discover the extent the injuries have caused them suffering.

    When this involves a minor, the parents would instigate the matter on the child's behalf.

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