Pennsylvania Auto Accident Claims Involving Minors: How the Statute of Limitations Differs
When a child is injured in an auto accident, the emotional and financial toll on a family can be immense. Parents face not only the immediate trauma of medical treatment but also the long-term effects of developmental delays, ongoing care needs, and psychological recovery. Because minors cannot legally file lawsuits on their own, Pennsylvania law provides special protections to ensure they are not unfairly barred from pursuing compensation later in life.
Understanding how the statute of limitations applies to car accident claims involving minors is crucial for families seeking justice. A knowledgeable Philadelphia auto accident lawyer can help parents navigate these complex rules, preserve critical evidence, and secure the financial recovery a child deserves.
How the Statute of Limitations Works in Pennsylvania
In most Pennsylvania personal injury cases, the statute of limitations, the legal deadline for filing a lawsuit, is two years from the date of the accident, as set forth under 42 Pa. C.S. § 5524(2). This rule applies to adults who are injured in collisions caused by negligent or reckless drivers.
However, when the victim is a minor (under 18 years old), Pennsylvania law recognizes that children cannot make legal or financial decisions for themselves. As a result, the law “tolls” (pauses) the statute of limitations until the child turns 18. This means the two-year filing period does not begin until the minor’s 18th birthday, effectively extending their right to file a claim until their 20th birthday.
This extended timeline is meant to protect young victims who may still be recovering or unaware of the long-term impact of their injuries. It also ensures they are not deprived of their legal rights due to a parent or guardian’s inability or failure to act immediately after the crash.
Filing on Behalf of a Minor: The Role of Parents and Guardians
Although the statute of limitations for minors is paused, it is often in a child’s best interest for a parent or legal guardian to take action right away. Parents can file a lawsuit on behalf of their injured child as the child’s “natural guardian” or through a court-appointed guardian ad litem.
Filing early offers several key advantages:
- Preservation of evidence: Physical evidence and eyewitness memories fade quickly. Early legal action helps secure critical proof such as surveillance footage, medical records, and accident reports.
- Access to immediate compensation: Pursuing a claim early allows families to recover medical costs, rehabilitation expenses, and other financial losses without waiting years for the child to reach adulthood.
- Ensuring financial oversight: Pennsylvania courts often require that any settlement for a minor be reviewed and approved by a judge to ensure the amount is fair and that funds are properly managed, usually through a court-controlled account or structured settlement.
Working with an experienced attorney helps families manage these procedural steps and ensures that every filing, negotiation, and approval complies with Pennsylvania’s legal requirements for minors.
Special Considerations in Auto Accident Cases Involving Minors
Children often suffer different types of injuries than adults, such as growth plate fractures, head trauma, or emotional distress, that may not be immediately apparent. A skilled medical evaluation is essential not only for treatment but also for establishing the future impact of the injury on the child’s life.
Additionally, insurers may attempt to settle quickly, offering amounts that fail to account for long-term needs. In Pennsylvania, any settlement for a child’s claim must be approved by the court to protect the minor’s interests. Once approved, the funds are typically held in trust until the child reaches adulthood or used for immediate, necessary expenses such as medical care or special education.
This process helps ensure that the child’s financial recovery truly reflects the seriousness of their injury and the potential effects on their future health and development.
When Parents and Children Are Both Injured
In many car accidents, both the parent and the child suffer injuries. The law treats their claims separately. The parents’ claim for their own injuries remains subject to the normal two-year limitation period, while the child’s claim is tolled until they reach 18.
Parents may also have a derivative claim for certain expenses they incur on behalf of their child, such as medical bills or rehabilitation costs. However, these parental claims are not tolled; they must be filed within two years of the accident. This distinction makes it crucial to seek prompt legal advice to ensure no aspect of the case is time-barred.
Factors That Can Shorten or Complicate the Timeline
Although the tolling rule for minors is straightforward, there are exceptions and nuances:
- If the accident involves a government vehicle or agency, shorter notice periods under 42 Pa. C.S. § 5522(b) may apply, requiring notice of intent to sue within six months of the accident.
- In wrongful death or fatal injury cases involving minors, the timing may differ depending on whether the claim is filed by the estate or on behalf of surviving family members.
- If the minor becomes legally emancipated before turning 18, the tolling period may end earlier.
Because each situation is unique, these timeframes must be carefully evaluated with the guidance of legal counsel.
Taking Early Legal Action to Protect Your Child’s Future
Even though the law gives minors additional time to file, waiting can still jeopardize a case. Evidence may be lost, witnesses may relocate, and medical documentation may become harder to obtain. Acting quickly allows your attorney to collect crucial evidence and build a stronger case long before the statutory window closes.
Early legal action can also help families obtain structured settlements or trusts that provide financial stability throughout a child’s recovery and education. At The Villari Firm, we understand that families need both compassion and clarity during this process. Our attorneys handle every legal and procedural detail so parents can focus on their child’s health and healing.
Contact The Villari Firm
If your child was injured in an auto accident in Pennsylvania, you do not have to navigate the legal process alone. The Villari Firm has over two decades of experience representing young victims and their families in complex personal injury cases. We ensure that claims are filed correctly, evidence is preserved, and your child’s financial future is protected.
Contact a Philadelphia auto accident lawyer at The Villari Firm today for a free, confidential consultation. Our team will explain how the statute of limitations applies to your child’s case and help you pursue the justice and compensation your family deserves.
Sources:
Pennsylvania Consolidated Statutes, Title 42 – Judiciary and Judicial Procedure, § 5524 (Two-Year Statute of Limitations)
Pennsylvania Consolidated Statutes, Title 42 – Judiciary and Judicial Procedure, § 5522(b) (Actions Against Governmental Units)
231 Pa. Code Rule 2039 – Compromise, Settlement, Discontinuance and Distribution (Minors)
231 Pa. Code Rule 2206 – Settlement, Compromise, Discontinuance and Distribution (Minors and Incapacitated Persons)
Pennsylvania Department of Transportation – 2023 Crash Facts and Statistics Report