5 Differences in Child Personal Injury LawThere are many differences between a child's personal injury case and that of an adult. While it may seem like nightmare scenario, you should be prepared legally for what happens if your child is hurt. This blog guides shows you how.
1- Time Limit
States are sometimes different in the exact laws for personal injury cases. There are a few rules common for all states. As in personal injury cases for adults, you have a limited amount of time file a lawsuit with the courts, typically 1-2 years.
2-How to File
A child cannot file his or her own lawsuit. In most cases, the parent or legal guardian will handle the case. States consider the child to be under age until 18. So if your 15 year-old is in an accident, he cannot file the suit by himself.
3-How Medical Bills Work
The child's medical bills must be paid by his or her parents. If your child is hurt, he or she cannot claim damages and expenses in court. That's up to the parent or legal guardian. In cases where both parent and child were hurt, they will usually be considered two separate cases.
4-Standards of Suits
In some states, a child of a certain age can never be negligent. Negligence is quite often where personal injury cases are fault. If you're in an accident, you and your child are hurt, and it's clear that you made no mistakes, you have a strong case. On the other hand, if you and your child are hurt due in part because of you, it can be harder to win a claim. Negligence is a tricky subject for lawyers to handle, and each state has different statutes. It's just important to remember if you had no part in the accident, and your child was hurt, your case is quite likely a strong one.
5-How Payment is Made
Courts will decide both who's at fault and how compensation is given. Some settlements involving child personal injuries can be problematic as to when the compensation comes. By law, the child will receive settlement money when he or she reaches 18 years of age. However, in many lawsuits, this can be paid to the parents of the child, or in other cases the child can get the money earlier.
In a child personal injury cases, how much you get and when you get it comes down to how the laws are interpreted. Don't let this these complexities worry you; an experienced personal injury lawyer can help. If you're unsure of where to begin in child personal injury cases, you need a local lawyer who can guide you through the process. Much like other personal injury cases, you quite often get settlement offers before you even go to court. Once you know the extent of the injuries, you can make your case.