Parent's Guide: Child Personal Injury Claims & Differences
No one wants to imagine their child getting involved in an accident, but unfortunately, accidents happen, and children are not immune to them. When a child is injured, it can be a traumatic experience not only for the child but also for the parents or guardians.
If your child has injuries due to the negligence of another party, you may be able to pursue a personal injury lawyer for the claim on their behalf. However, these claims for children are different from those of adults. This blog post will explore key differences and what you need to know as a parent or guardian.
Acting On the Child's Behalf
One of the main differences between personal injury claims for children and adults is that the child cannot sue on their behalf. Instead, a parent or guardian must bring the claim on their behalf. The parent or guardian will be responsible for all legal proceedings and negotiations, including settlement agreements and court appearances.
Do Remember the Period Limitation
Another difference is the period of limitation. In most cases, adult personal injury claims have a two-year limitation period from the accident date. However, the limitation period for children begins when they turn 18. A child has until their 20th birthday to bring a claim forward. It is crucial to remember that the longer you wait, the harder it may be to collect evidence and pursue the claim.
The Public Trustee Gets Involved
When a child is involved in a personal injury claim, the Public Trustee may become involved. The Public Trustee is an independent statutory body that oversees the financial affairs of minors and vulnerable adults. They may become involved in a personal injury claim to ensure that any settlement or compensation awarded to the child is in their best interest. The Public Trustee must approve any settlement or compensation before paying out.
A Personal Injury Lawyer Can Tell You About Child's Damage Types
Another difference between personal injury claims for children and adults is the different types of damages.
Children may be entitled to damages that are not available to adults.
For example, a child may claim for future loss of income, future medical expenses and future care costs.
Children may also be entitled to claim for the loss of future earning capacity if their injuries are likely to affect their ability to earn an income.
It is essential to work with an experienced personal injury lawyer who has experience representing children and can advise you on the damages your child may be entitled to.
What Are the Standards for Negligence?
The standard for negligence is somewhat the same for both children and adults. The party responsible for the accident must have breached their duty of care and this breach must have caused the child's injuries.
However, the level of care expected of a child may be lower than that of an adult. For example, a child may be expected to exercise a different level of care than an adult when crossing the street.
A lawyer can help you understand how the standard for negligence applies in your case.
Fight for the Justice of Your Child; We're with You
If your child faces injuries, you need the help of an experienced personal injury lawyer. The West Law Firm can help you.
We have the expertise and compassion needed to handle personal injury claims for children.
Our dedicated lawyers will tirelessly ensure your child receives the compensation they are entitled to.
At The West Law Firm, we understand the emotional and financial impact of a personal injury on a family, especially when it involves a child. That is why we are committed to providing compassionate and personalized legal services to every client. We will work closely with you and your child to understand the full extent of their injuries and the impact that they will have on the future.
If you need the help of a personal injury lawyer in Seminole, OK, do not hesitate to contact The West Law Firm. We offer a free consultation and will not charge fees unless you win your case. Get the justice that your child deserves.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.