You want to keep your children safe at all times. Unfortunately, there are situations in which their safety is out of your control. What do you do when your child receives an injury due to someone else’s negligence?
While no amount of money can make up for a loss, a personal injury claim is a way for you to seek recompense for your child’s and your family’s suffering. Before you file your case, there are a few things you should be aware of.
Personal injury law
When a parent or guardian submits an injury claim on behalf of a child, there are rules and regulations they must follow regarding the proper way to file a claim and provide evidence. Once a case is won, a conservator must be appointed to handle the monetary award from the lawsuit for the child if parents are unable to do so. These obligations include keeping records, updating the court as needed and providing a bond.
Statute of limitations
A claim must be filed within a certain amount of time from the date of the injury (or the date an injury was discovered) or the judge may dismiss the case. For a parent making a personal injury claim on behalf of the child, there is a two-year limitation. However, if the minor child wants to file a claim personally, that child has up to two years from the date he or she turns 18. With a medical malpractice claim involving a minor under the age of five, parents or guardians must file a suit by the child’s seventh birthday.
Types of injuries
There are a number of different types of cases where a parent or guardian may file a personal injury case on behalf of a minor. Some common cases include:
- Birth injuries
- Defective toys or items
- Dog bites
- Swimming pool accidents
- Car accidents
- Sports accidents
These are just a few of the possible incidents that can lead to a personal injury claim. In general, if a child is hurt due to the negligence of another party, a personal injury claim may be appropriate to get compensation for medical benefits and future care.
These are just a few of the essential aspects of a personal injury case involving a minor. In addition to doing your own research, a personal injury attorney can help you understand your options and obtain justice for your child.