What Should You Do If Your Child Is Injured?

| Nov 9, 2018 | Firm News |

Injured Child — Child on a Wheelchair in St Houma, LA

As a parent, you do everything possible to protect your child. Unfortunately, you often cannot be there constantly to monitor your child. Accidents happen,and unfortunately, millions of children visit the emergency room each year. These injuries are often linked to falls, bites, hits, burns, bad products, drownings, suffocation,and car accidents.

Parents, or legal guardians,are responsible for negotiating or going to court on their child’s behalf. The court could determine the child should have a guardian ad litem instead of a parent to represent him or her in court.

If your child has been involved in a personal injury, you need to consult with an attorney. Building a better understanding of the laws regarding injuries is important. Keep reading to learn about your options.

The Rights of Injured Children

Children under the age of 18 have the right to receive compensation for damages like everybody else. Of course, minors are not considered competent to file their own lawsuits. A parent must file the lawsuit on behalf of their child. Either parent (or both) may sue.

The damages children may collect include disability,emotional distress,and pain and suffering. Some damages, like lost wages,are not collectible by children. On the other hand,a child might collect damages for future loss of income or disfigurement.

Parents are also entitled to compensation for the costs associated with their child’s injuries. These damages could also include lost wages. Parents who have paid steep medical billscan suefor those costs as well.

A settlement often plays a role in negotiating personal injury cases. If you are accepting a settlement on behalf of you rchild, you have to notify the child’s other parent or seek approval from the court. The court may have strict rules about how these fund are used or where they are placed.

Establishing Fault in Cases with Injured Children

Children may be considered partially negligent based on their age. The law does not consider children to have the same duty of care as adults as young children do not understand risks like adults do. At the same time, your child may be deemed partially negligent if he or she is old enough to know right from wrong.

For example, the court may rule against your case if your 16-year-old child ran into traffic, knowingly placing himself or herself in front of moving cars. Ultimately, speak to your personal injury attorney to see how the law applies to your specific situation

The Best Way to Secure Compensation

If your child is 18 or older, he or she will have to file the lawsuit on their own behalf. Even though your child may still be in high school or college, he or she is considered an adult in the eyes of the law.

However, no matter your child’s age, you must act quickly because personal injuries have a statute of limitations. Although the clock does not start ticking until minors come of age, failing to follow through with the case could mean lost evidence and witnesses.

Personal injury attorneys play a critical role in helping you establish a case for your child. The attorney will not only help you determine if you have a case, but he or she will also seek outevidence and help you find witnesses who can testify on your child’s behalf.

If your child has suffered a personal injury, you can hire a lawyer on their behalf. Call St Martin & Bourque Attorneys at Lawtoday to set up a consultation with a knowledgeable personal injury attorney. We understand Louisiana’s legal system and do our best to fight for you