Statute of Limitations For a Minor
What is the statute of limitations for a minor to bring a personal injury case? Is it still up to age of majority or did this change with tort reform?
Answer: It is still one year after attaining majority, per 12 O.S. Sec. 96: "If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, be, at the time the cause of action accrued, under any legal disability, every such person shall be entitled to bring such action within one (1) year after such disability shall be removed, . . . [language creating shortened statute in med-mal cases, since declared unconstitutional].
Be aware the above does not apply to governmental tort claims act cases or parents claims for minor’s medical expense. See, Johns v. Wynnewood School Bd. of Ed.,1982 OK 101: 656 P.2d 248: Plf’s minority does not bar time limits of 51 O.S. §156 and Brown v. Jimerson, 1993 OK CIV App 158, 862 P.2d 91: Fact minor’s claim was not barred due to minority did not save parents’ medical bill claim.
Posted on Sun, July 25, 2010
by Sharon Coleman