How and When to File Child Personal Injury Claims
February 25, 2019 by GKwriter
As a child’s guardian, you’re the only one who can defend them in court against child personal injury claims. An adolescent under the age of 18 cannot file such a claim, so they rely on you to be their voice.
There are some nuances to child personal injury claims. One such nuance is the statute of limitation. Adults have two years to file a personal injury claim, while a minor can file until his or her 20th birthday.
Here’s what you need to know about child personal injury claims.
When to contact an attorney
If you’re unsure whether or not you may have a child personal injury claim case, you should find a trusted attorney for counsel. No amount of online research and reading can confirm the details of your specific situation or case. It’s important to find an experienced attorney to review details with.
Your discussions will be covered by attorney-client confidentiality. This process should provide clarity for you and help get the ball rolling toward restitution for your case. Many attorneys provide a free consultation to discuss these details with you, meaning there are no financial risks to having the conversation.
It’s best to contact an attorney as soon as you suspect your child has been the victim of a personal injury claim. This will ensure that the details are still fresh in your mind. It also ensures that you can pay the medical bills related to the case by seeking financial coverage from the at-fault party as soon as possible.
Types of child personal injury claims
A child personal injury claim can be the result of many different accidents or situations, including:
- Car accident
- Daycare negligence
- Cycling accident
- Product design flaw or malfunction
- Criminal assault
- Dog bite
- Medical negligence
Additionally, a child can be involved in a work accident before the age of 18. As a parent, you can file a work-related claim for your child. Additionally, a child may wait until he or she turns 18 to file a work-related claims to defend themselves.
Medical bills are claimed by the parents
In the case of a child personal injury claim, it’s actually the parents who are seeking reimbursement for medical bills. The child is not the responsible party when it comes to medical bills so you’ll actually be fighting for a settlement in your name.
A child has rights to pain and suffering compensation
Just like adults have the right to file pain and suffering lawsuits, so do children. Though the main difference in the case of a child’s pain and suffering claim versus that of an adult is that they cannot represent themselves in the case. The parents still must negotiate the case on behalf of the child.
Non-economic losses are paid to the child
Contrary to medical bills, non-economic losses, such as pain and suffering and affect on future wages, are paid to the child. In cases where there are both medical bills and non-economic losses, you’ll actually be filing two lawsuits.
These lawsuits can be tried in court as one case, but the jury will deliver two verdicts. Depending on your state’s laws, a child under the age of 18 that is not emancipated cannot receive the settlement for non-economic losses until they become an adult. These funds may be held by the Clerk of Courts or put in a trust fund that a parent manages.
Your attorney can discuss specific local laws surrounding such details with you during your consultation. This is another reason it is important to secure counsel early so that you understand the nuances and information related to your case and your area.
Working with Gore and Kuperman
If you’re seeking representation for a child personal injury claim in Virginia, Gore and Kuperman is a great choice. With 35 years of experience in personal injury claims, we’ll be your trusted advisor and guide you throughout the process.
We’re sensitive to the difficult situation of an injured child and committed to representing both the child and the parent with respect and fairness. We won’t settle until we you’ve received your due.
Our office is flexible in our dealings with clients by having conversations the way it works best for you – over the phone or in our office. We take your confidentiality seriously and will listen carefully to your case’s circumstances. Contact us at 703-385-7300 to learn more.
This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.