Joseph Romano Law

A child was catastrophically injured when he fell down a flight of steps in a baby walker. The family contacted an attorney who, without an investigation, indicated that there was no claim against the manufacturer of the baby walker. The hospital urged the family to contact this office for a second legal opinion. After investigation, I was able to ascertain that a claim should be pursued on behalf of the injured child and that the statute of limitations had not expired. In most states, an adult must file suit or bring a claim within two years of the date of the accident. In Pennsylvania, prior to June 30, 1984, a minor who was injured or had a claim had to file suit or bring the claim within two years of the date of the accident. Therefore, prior to June 30, 1984, the statute of limitations was the same for both adults and minors.

In Pennsylvania, after June 30, 1984, a minor child injured in any type of accident or case in which he or she has the right to bring suit has two years from the date he or she reaches majority, or 18 years of age, in which to file a lawsuit or bring about a civil action.

Often, if a family gets a second opinion, the new attorney may be able to identify a cause of action, insurance or governmental benefits that the first attorney failed to identify. When trying to obtain benefits for catastrophically injured minors and adults, it is always wise to get a second legal opinion as well as a second medical opinion.