Donna and her beloved daughter, Patty, sit patiently at a red light in
front of the discount bread store. The day is warm and sunny, not unlike
all the other grocery shopping days they have spent together this summer.
Without warning, the car in which the pair sits is catapulted forward.
Donna and Patty’s bodies are flung forward, immediately stopped
by their seat belts. Their momentum immediately changes direction and
they are propelled backward. Their seats collapse and the two lie there,
Within a few moments, Donna emerges from the vehicle. She appears to be
fine. Patty on the other hand, has still not arisen from the vehicle.
Emergency responders were already called and the two were spirited away
to the hospital.
Donna turns out to be harm free. The authorities inform her that a truck
driver simply wasn’t paying attention and ran into her vehicle.
That driver was unharmed too. Patty is now conscious, but she has suffered
a concussion. Tests have also revealed that there is bleeding in her brain.
The short and long-term effects of the injuries are yet to be determined.
Donna has a lot to process; a negligent driver has hurt her child and she
does not know what to do.
experienced Newburgh car accident attorney knows that many car accident victims are left unsure of what to do when
a negligent driver has caused them harm. In Donna’s case, the confusion
is compounded because she wasn’t injured; her minor child was. Patty
cannot sue the bad driver; she is too young. Can Donna? Yes, Donna can
sue on Patty’s behalf.
Normally, car accident victims such as Donna and Patty will have three
years to sue the bad driver before the claim can expire. But since Patty
is a minor, the Statute of Limitations is put on hold, paused. Lawyers
would say that the limitations period is tolled.
This means that the statute of limitations period will not start until
Patty turns 18 years old. This would also allow Patty to commence suit
on her own when she is old enough; after her eighteenth birthday. But
she will not have forever to do so. If she just turned 17 at the time
of the accident, she would have about four years to sue the truck driver
because the three-year term doesn’t start until she is 18.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.