The personal injury statute of limitations for minors is usually tolled — paused — until the child turns 18. The normal deadline (often 2 years) doesn’t begin for an injured minor until adulthood, though a parent or guardian can, and usually should, file on the child’s behalf sooner.
Because minors generally cannot bring a lawsuit themselves, most states toll (pause) the statute of limitations until the child reaches 18. At that point the normal limitations period begins to run. A parent or guardian may also sue on the child’s behalf at any time before then — and waiting is risky, because evidence fades and a separate claim for the parents’ own losses may expire sooner.
| Scenario | Rule | Deadline (2-year state) |
|---|---|---|
| Adult injured | Clock starts at injury | Injured 2024 → file by 2026 |
| Child injured at age 10 | Tolled until 18 | Turns 18 in 2032 → file by 2034 |
| Child injured at age 16 | Tolled until 18 | Turns 18 in 2026 → file by 2028 |
Tolling for minors is not unlimited. Some states impose an absolute outer limit (for example, suit within a set number of years regardless of age). Medical malpractice claims involving children often have their own, shorter special rules. And a claim against a government entity usually keeps its short notice-of-claim deadline even when a minor is hurt. Always confirm your state’s specific rule.
See also: How long do I have to file a personal injury claim?
In most states the statute of limitations is tolled (paused) while the injured person is under 18, and the normal limitations period — often 2 years — begins when the child turns 18. A parent or guardian may also file on the child's behalf sooner.
Yes. A parent or guardian can sue on a minor's behalf at any time before the child turns 18, and often should, because evidence deteriorates and the parents' own related claims may expire on the normal schedule.
Usually not in full. Claims against a government entity typically keep their short notice-of-claim deadline even for an injured minor, so those must be acted on quickly.
Yes. Some states cap tolling with an absolute outer deadline, and medical malpractice claims involving minors often have separate, shorter rules. Confirm your state's specific limit with an attorney.
Rules for minors, medical malpractice, and government claims can shorten or complicate the deadline. A free, no-obligation review confirms exactly how long your child's claim has. It costs nothing to ask.
Most states toll the statute of limitations for minors until age 18 under their civil codes, after which the standard limitations period runs. Medical malpractice and government-entity claims involving minors are frequently governed by separate, shorter rules, and some states impose absolute outer limits on tolling. Confirm your state's rule with a licensed attorney.