Typically, an injured person can wait until after they turn 18 to file a lawsuit. There are exceptions, however.
One exception was made clear today in the case of Rucker vs. Humboldt Community School District. The Iowa Supreme Court held that, when the defendant is a municipality, officer or agent of a municipality, a minor must give “timely notice” of the claim to the municipality or file suit within two years of the accident. If the minor gives “timely notice,” then the statute of limitations doesn’t run until two years after notice was given. Can’t wait until the 18th birthday.
(Howard Zimmerle is an accident attorney practicing in Davenport and Bettendorf Iowa)