Earlier this month, the Ninth Circuit Federal Court of Appeals issued a written opinion in a Federal Tort Claims Act (FTCA) case that may impact Indiana personal injury and wrongful death cases involving minor victims. The case required the court to determine if a claim under the FTCA is automatically tolled while the plaintiff is a minor. Ultimately, the court noted that the FTCA contained no explicit provision calling for minority tolling, and thus held that FTCA claims were not subject to minority tolling.
Statutes of Limitations
Generally, all personal injury claims must be brought within a certain period as outlined in the relevant statute of limitations. However, there are some situations in which a statute of limitations is “tolled” or delayed. For example, in some cases, a statute of limitations will be tolled during the period in which the plaintiff is a minor. Another common example of when tolling may occur is when a plaintiff does not discover their injury until a later date
The Facts of the Case
According to the court’s opinion, the plaintiff was nine years old when his father was killed in a car accident. After the accident, the plaintiff’s mother filed an administrative claim with the Federal Highway Administration (FWA) seeking compensation on behalf of her son for the loss of his father. However, it was not until six years later that the plaintiff’s mother filed a lawsuit in federal district court on behalf of her son. Once the plaintiff turned 18, he was substituted for his mother as plaintiff.