Can a Parent File a Personal Injury Claim for Their Child?
Events and accidents that lead to injuries happen every day, and it’s an unfortunate reality that this isn’t just true for adults but for children as well. Nobody wants to see a child hurt or in pain, and when a child is injured by an adult’s negligence, this makes things even worse. It’s the responsibility of the child’s parent or legal guardian to file a claim for compensation on their child’s behalf following an injury, and they don’t have to do this alone.
You can get help from a personal injury lawyer who specializes in child personal injury claims to provide professional legal assistance. To know more about child personal injury claims and what a parent has to do to file one, read on!
Call 1-800-HURT-511 to get in touch with best-in-class personal injury lawyers in Elmhurst. We work with lawyers who have filed claims on behalf of children and their parents before, and they’ve secured hundreds of favorable judgments over more than a decade of practicing.
How Do Children Get Injured?
A lot of events and accidents can lead to a child getting injured. Here are some common personal injury claims that are brought on behalf of children:
- Bike accident claims
- Slip and fall claims
- Medical malpractice
- Defective product claims
- Motor vehicle accident claims
- Dog bites claims
These are just some of the claims that can be brought. In short, if your child has been injured as a result of somebody else’s negligence, there’s a kind of personal injury claim that can be filed on their behalf.
What Injuries Do Children Often Sustain?
Children can sustain a range of injuries following an accident, and the nature of an accident largely determines the extent of the child’s injuries. For example, them slipping and falling at the grocery store isn’t likely to result in the same injuries that are commonly associated with motor vehicle accidents. Whether your child has suffered injuries minor or major, you should get in touch with a personal injury lawyer, as your child may be entitled to damages you’re not aware of. Here are the injuries that children can sustain as a result of accidents:
- Foot & ankle injuries
- Facial disfigurement
- Dismemberment
- Shoulder injuries
- Burns
- Animal bites
- Traumatic brain injuries
- Soft tissue injuries
- PTSD
- Cuts & lacerations
- Hand & wrist injuries
- Broken ribs
- Broken pelvis
- Whiplash
- Spinal cord injuries
- Internal bleeding
- Crush injuries
- Knee injuries
What Does a Parent Have to Do to File a Personal Injury Claim on Their Child’s Behalf?
Obviously, in the wake of an injury-causing event or accident, a child will not be able to negotiate a settlement on their own, and this is why parents and legal guardians are permitted to negotiate on behalf of their children. Or a personal injury lawyer can be brought in to represent the child. Injured children can for the most part seek the damages that injured adults seek, and parents/legal guardians can be compensated for medical bills associated with their child’s injury.
Before you can accept a settlement on behalf of your injured child, you need to get things approved by the appropriate court. This isn’t typically a difficult process, and usually all that’s required is filling out a form and getting a judge’s approval. If you’re negotiating a settlement with an insurance company, they’ll provide you with the appropriate form and instruct you on how to file it. A settlement form like this is mainly used to ensure no further legal action is brought, especially when the child becomes an adult.
What’s the Statute of Limitations for Filing a Claim?
The statute of limitations for filing a child personal injury claim begins when the accident occurs and ends when the child turns 18; that is, this is the window of time a parent or guardian has to file a claim on behalf of their child. Once they turn 18, the child (now a legal adult) has just one year to file a lawsuit.
However, specific factors can shorten the filing window substantially. For example, medical malpractice, product liability, and wrongful death claims all have shorter statutes of limitations, and one has limited time to file a claim against a government entity. Furthermore, it’s best to get things handled sooner rather than later, as evidence depreciates, and depreciated evidence may make your child’s case harder to prove later on.
What Damages Are Recoverable From a Child Personal Injury Claim?
Just like injured adults, injured children are awarded damages after it’s been proven that someone else was responsible for their injuries. Here are some examples of damages that a child may be able to recover:
General Damages:
- Pain and suffering
- Loss of life enjoyment
- Dismemberment
- Disfigurement
- PTSD
Economic Damages:
- Medical bills
- Long-term care bills
- Lost earnings both past and future
Parents may also receive damages for lost income and medical bills, and if a child dies as a result of their injuries, the parents will be able to file a wrongful death suit on their child’s behalf.
How Will a Total Damages Figure Be Calculated?
A lot of factors determine how much in damages your child can receive from a personal injury claim. If your child sustains a catastrophic injury, then it’s quite likely they’ll receive a high figure in compensation. This is one reason why it’s important to get medical attention immediately following an injury-causing event or accident, as this way all injuries can be tied to the accident and redressed later on. A skilled and experienced personal injury attorney will be able to calculate an accurate total damages figure, and this will take into account all your child injuries.
How Can a Personal Injury Lawyer Help?
Having a personal injury attorney handle your child’s claim is beneficial for a variety of reasons. An attorney will make sure your child doesn’t get saddled with a low-ball settlement, and they’ll free you up so you can focus on taking care of your child while they recover. They’ll also conduct evidence gathering, and if they can’t reach a settlement out of court, then they’ll take the case to trial. And because personal injury attorneys work on contingency, you only have to pay them if they secure an award.
We understand that seeking a personal injury lawyer for your child can be tough. That’s why we’ve created a one-stop solution for people like you who need help with bringing a personal injury case. The lawyers we partner with have secured over $1 billion for their clients, and many of these clients were children. They’ll speak your language, they’ve dealt with cases like the one you’re looking to bring, and you only pay if you receive money.
Call 1-800-HURT-511, as time may be running out!
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