Most states provide laws that give children virtually the same rights to compensation as they do adults for accidents that involve personal injury. Although these laws differ from state to state, children injured negligently in accidents can pursue compensation for pain, suffering, permanent disability, and more. Parents can also be eligible for remuneration for medical bills and related expenses on the child’s behalf.
Under law, parents and legal guardians are permitted to negotiate or file on behalf of their children as well. If your child or minor under the age of 18 has been hurt in an accident caused by the negligence of another or a product, call a personal injury attorney right away to see if you are eligible for compensation. Continue reading to learn how children injury lawsuits differ from adult lawsuits, and how to file a claim for your injured child.
Child Injury Lawsuits
When the law considers a child in an accident case, they recognize that children lack the mature judgment that adults typically retain. Because of this assumption, the law provides a separate set of rules and requirements when it comes to filing a personal injury claim for children. If you are already familiar with how to file a personal injury claim for an adult, then you are almost fully aware of how a child injury claim carries out. Some chief questions to ask yourself ahead of time include, “Why Did My Child Get Hurt?” “How Did My Child’s Injury Happen?” “Who Was Responsible for My Child When He or She was Injured?” and “Could the Accident Have Been Prevented?” When it comes to filing a personal injury claim for children, be aware of the significant differences in the law. Here are the major differences to lookout for:
Statutes of Limitations
There is a set time period in which a person has the right to file a valid personal injury claim once their accident or injury has occurred. For adults it is a short time frame than it is for children. Although a parent or guardian has more time to file for their children in comparison to an adult filing for themselves, each case is different and is likely to vary. It’s important to consult a licensed and experienced Indianapolis Personal Injury Attorney for specifics surrounding these variances and limitations.
In child injury cases, it is mandated that courts must approve all settlements. Children injury lawsuits are complicated, so courts use a comprehensive and prudent approach when overseeing them. Needless to say, they supervise these types of cases very carefully. The reason has to do with looking out for the best interests of the child, or the accused party.
Courts are aware that rewarded compensation can potentially be misspent by parents or guardians. This is why they make sure any remuneration for a minor’s injuries are put into a safe investment or account until they reach adulthood. Once a kid turns 18, he or she is given full access to their money. Other times, these kind of settlements are handed out in structured balances so that a young adult cannot spend it all at once.
A child is prone to a plethora of injuries and harm; including day care injuries, car accidents, playground accidents, and more. Be sure you are aware of your rights as a parent of an injured child, as well as, the rights your child has as an injured victim. Call an Indianapolis Child Injury Law Firm for professional legal counsel to file a personal injury claim following a negligent accident.