As parents, it’s our job to care for the safety and well-being of our children. If a child is injured, it can be a highly emotional time. It’s important to know how to best advocate and provide for your child when something unexpected happens. Maybe your child was injured in a car accident, from a defective toy, or at school or daycare. Whatever the case, it’s important to note that cases involving children are handled differently than cases involving adults. We’ve noted a few important differences here:
A child cannot pursue a lawsuit on their own. The case has to be pursued by an adult on the child’s behalf. While this is often the child’s parents, the court can also appoint a conservator if the parents are unable to take action. If a parent has their own damages related to their child’s injury, these can be addressed under a separate consortium claim.
The case doesn’t have to be recent. The statute of limitations on children’s cases varies, and can be longer than in similar adult cases. Often, you can still pursue the case as long as the child is still a minor.
A settlement must be approved by the court if it is above $25,000. The court might also require an agreement on how the money will be spent to best benefit that child in the future. This is especially important for a child whose family might be receiving public benefits, or a child with mental or physical disabilities that might need to receive public benefits in the future.
Extra caution is needed in dealing with insurance adjusters. Insurance adjusters may ask that your child give a recorded statement about their injury. While one should always exercise caution in recording a statement for insurance, this becomes especially important when dealing with children. We should not expect children to advocate for themselves, or relive the trauma of the events without due cause.
What constitutes as damages might be different. A child’s life is structured differently than an adult’s, and as such, the effect of an injury on their lives might be very different. For example, damages might include days missed from school.
While an injury can be a disruptive part of a child’s life, the right claim can make sure it doesn’t have an unnecessary impact on their future. At Ann Brown Legal, we have a professional history representing child injury cases, and feel a personal investment in children’s well-being as a fellow mother and parent.
At Ann Brown Legal, we believe “there’s no such thing as other people’s children.”
If you need advice or representation regarding your child’s personal injury, please call us at (319) 826-2250 for a free initial consultation.
The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.