Statute of limitations: Parents of Minor Child | Beausay & Nichols Law Firm
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Statute of limitations: Parents of Minor Child

When a minor child is injured by the negligence of someone else, the statute of limitations for the injury does not start until the child reaches the age of 18. But what about the derivative claims of the minor's parents (i.e. for medical expenses and loss of consortium)?

In Fehrenbach v. O'Malley, 113 Ohio St.3d 18, 2007-Ohio-971 (2007), the Ohio Supreme Court held that the parents' derivative claims goes with the minor's claim, and all claims are tolled until the minor turns 18.

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