Can a Passenger and Child Involved in a 2013 Accident Still Seek Legal Remedies?

Question from Lena, Can a Passenger and Child Involved in a 2013 Accident Still Seek Legal Remedies?

Answer from AI:

Statute of Limitations

The first thing to consider in this situation is the statute of limitations. This is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the United States, the statute of limitations for personal injury cases varies by state, but it typically ranges from one to six years. If the accident occurred in 2013, it’s possible that the statute of limitations has expired. However, there are exceptions to these rules, especially when minors are involved.

Legal Rights of Passengers

Passengers in a vehicle have the right to seek compensation for their injuries, regardless of who was at fault for the accident. This includes medical expenses, lost wages, and pain and suffering. If the pregnant passenger and the child were not included in the original case, they may have the right to file their own lawsuit. However, this would depend on the specific circumstances of the case and the laws in the relevant jurisdiction.

Insurance Coverage

The fact that the van had full coverage insurance could potentially be relevant. Depending on the specifics of the policy, it may provide coverage for the injuries suffered by the passenger and the child. However, insurance policies can be complex and difficult to understand, so it would be advisable to consult with a legal professional to understand the potential benefits.

Legal Advice

Given the complexity of this situation, it would be highly advisable for the passenger and the child to consult with a legal professional. A lawyer can provide advice tailored to their specific circumstances, including whether they are still able to file a lawsuit, what damages they may be entitled to, and how to navigate the insurance claims process.

Resources

• The Legal Information Institute’s page on the statute of limitations provides a general overview of this concept.
• The Nolo’s guide for passengers in a car accident offers useful information on the rights of passengers.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. It is always recommended to consult with a legal professional for personalized advice.