Minor\'s case to remain open until 18th Birthday?

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PostPosted: Sun Nov 25, 2007 7:39 pm   Post subject: Minor's case to remain open until 18th Birthday?  

I was pregnant when I was involved in an auto accident. I was 3 1/2 months pregnant. Lost my job and was on bed rest until the birth of my son. I was forced to settle my case for 20K due to the inability to support myself. I regret the decesion but was young and stupid. I was told however that my unborn childs claim would remain open until his 18th birthday. They offered me 20K for his claim after he was born but I declined I was just too stressed out as he was born with complications and had to have surgery, the insurance company pretty much harrassed me throughout the pregnancy until I finally said I would not settle since the claim could be open until his 18th birthday. This happened in Texas, before I go back to the insurance company I want to make sure this is true..They already mad me llo like an idiot for accepting the 20K for me and I assume they lied to me about my sons case so to avoid total embarrasment could anyone tell me if this is true about the claim being open until his 18th birthday? He is now 14. Warm regards. Mom in Texas.

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Mom in Texas

PostPosted: Mon Nov 26, 2007 1:58 am   Post subject:   

Well, it's partially correct. A right of action is limited in time based on the states Statue of Limitation. For a minor the time frame does not _start_ until he/she turns the age of majority (1Cool. It _appears_ to me that the Statute of Limitation on break of tort is 2 years in TX. So your son would have until he was 20 to file suit.

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PostPosted: Mon Nov 26, 2007 4:50 am   Post subject:   

Well, it seems to be true. The minor's claim can be filed anytime between the date of accident and till he reaches his adulthood. But within this time frame the minor needs to approve an adult who will file the claim on his/her behalf because a minor can't file a claim legally. Upon becoming adult (i.e. 18 yrs age) he will be allowed to file the claim of his own.


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Derek Fitzpatrick

PostPosted: Mon Nov 26, 2007 5:44 am   Post subject:   

Hi mom_in_Texas, I empathize with you. You must have experienced a very tough time during those days. I hope your son is alright now.

The earlier posters have already given you some insight on this issue and it seems that they are in consonance with what the insurance company had told you. Hope you'll get what you deserve. My best wishes are with you.

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PostPosted: Tue Nov 27, 2007 5:42 am   Post subject:   

Hi Mom in Texas, you have made the same post in another thread and Lori has offered her help and suggestion there. Pls check the following Url to find it.




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PostPosted: Tue Nov 27, 2007 6:19 pm   Post subject:   

I feel that this has been done to protect the minor's interest.

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