A child’s fatal injuries can destroy a family. If a kid sustains injuries, there can be high medical costs, ongoing care, and occasionally even a need for permanent care. A child that is impaired might not be able to support themselves as an adult. Injuries caused by a caregiver’s purposeful physical or sexual abuse are less frequent, but they are nevertheless actionable. If the damage was brought on by someone else’s negligence, such as a careless school bus driver or a dog owner, you might be able to get your kid some money back by filing a personal injury lawsuit. This article explores the legal actions involved when your child gets injured.
Common Injuries:
You may be asking yourself, “What injury thresholds apply to my child’s claim?” If your child has suffered an injury, this could be one of the important questions you might be wondering about. When a child suffers harm brought on by another person, a legal claim for damages is made on their behalf. Children are vulnerable to damage in a variety of contexts.
Following are a few frequent scenarios that could lead to a child harm claim:
- Animal Attacks
- Motor vehicle accidents
- Slip and fall accidents
- Medical malpractice and birth injuries
- Premises liability claims
- Defective product injuries
- Assault
- Recreational and sports injuries
To receive damages compensation for your child’s injuries, you must demonstrate that another party was at fault for the accident. Children, however, are not subject to the same comparative negligence standards in damage cases as applicable to adults.
Accidents Caused by Children:
The law applies various standards when determining whether a minor is responsible for injuring another person. Children under seven are typically not held accountable for incidental injuries since they cannot comprehend their carelessness. This does not imply, however, that parents or other legal guardians may not be held accountable for neglecting to discipline a kid properly.
A child old enough to understand right from wrong can be held accountable for any intentional harm they inflict. Children are held to essentially the same standards as adults after they reach middle adolescence.
Compensation Claim:
Children have the same legal rights to compensation for injuries as adults do. However, while making a child injury claim, you must consider all possible damages carefully.
Typical damages in a claim for child injury include:
- Medical and personal care costs
- Pain and suffering
- Emotional and mental trauma
- Disfigurement
- Disabilities and impairments
- Loss of future earning capacity
Before resolving a child injury lawsuit, medical professionals should be consulted because an injury may have long-term effects on a kid’s development. If the parent or guardian is successful in recovering, the money received may be safeguarded, for example, by being kept in a trust for the child’s benefit.
Statutes of Limitation:
According to state regulations, the usual statute of limitations requires a lawyer to file a case within the timeframe designated for the type of claim. This window varies by state but typically gives the victim one to three years to file a personal injury claim under normal circumstances.
A different claim may result in different statutes. In certain cases, the child may sustain injuries, but the claim itself may not continue to be one of personal harm. Another factor that could transform the claim from a personal injury case is a breach of duty due to a customer or visitor on the property. This could initially alter the time limit by granting additional time for young people under 18.
Legal Assistance:
A minor cannot bring a lawsuit on their behalf until they turn 18 years old. Instead, a parent or other legal guardian typically has the authority to bring a lawsuit on behalf of the minor victim. Protect your child’s legal rights by obtaining the knowledge you require about damage claims from a reputable personal injury advocate for child injury cases. Getting legal counsel as soon as your child has been hurt is always a good idea. A lawyer determines the deadlines for bringing claims and lawsuits once they have reviewed the claim.
Final Thoughts:
Certain injuries are more likely to occur in children than in others. According to statistics, children are far more likely than other groups to be bitten or attacked by a dog. Such wounds may cause severe incisions that require immediate medical attention. These incidents can be extremely traumatic for young victims.
