A special situation arises in the case of injuries sustained by children. Idaho law, like that in most states, provides that the statute of limitations for an injured child does not begin to run in most, but not all cases, until the child reaches the age of majority (18).
The theory behind this law is that a child is presumed to lack the requisite legal knowledge to secure an attorney to bring a lawsuit. Moreover, a lawsuit cannot technically be brought by the child, but must be brought by a parent or guardian on the child’s behalf.
Now let’s consider these principles in practice. Assume that a 9 year old child sustains serious injures in a car crash. Why would the child’s parents choose to defer filing the lawsuit for years into the future instead of obtaining medical and financial benefits for their child in the present? The answer is that the long term effects of childhood injuries cannot always be determined until years into the future. This is because such injuries sometimes damage growth plates and other organs that are still in the process of developing. Forcing a case to trial too soon may prevent the jury from fully grasping the lifelong impact of the child’s injuries.
But here’s the down side of waiting too long to file suit. If the parents wait until the child is 17, it may be difficult or impossible to track down the witnesses to the car crash. It may even be impossible to find the at-fault driver to serve him with a Summons and Complaint to initiate the lawsuit. Even if properly served, that driver may not be able to recall the name of the insurance company that insured him at the time of the collision.
There is no easy answer to the question of when parents should initiate legal action to assure that their injured child obtains the needed financial compensation for the child’s injuries.