When a child is injured because of someone else’s negligence, the process is even more complicated and emotional than a standard personal injury claim. The well-being of a minor is at stake, and ensuring their rights are protected requires a special understanding of how personal injury law applies to children.
At Steinberg Injury Lawyers, we know how to handle these claims with care and expertise.
1. What Qualifies as a Personal Injury Claim Involving a Minor?
A minor personal injury claim is when a child under the age of 18 is injured due to someone else’s negligence. This can happen in many ways:
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Car accidents: As a passenger or pedestrian.
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Slip and falls: Injuries on someone else’s property due to unsafe conditions.
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School or playground injuries: Accidents due to lack of supervision or unsafe equipment.
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Medical malpractice: Injuries from improper medical care or treatment.
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Defective products: A child is injured by a toy or product that’s defective.
2. Legal Protections for Minors
Minors are given special legal protections because they are unable to make decisions for themselves. As a result, minor personal injury claims are different from adult claims in many ways:
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Statute of Limitations: In most personal injury cases, the statute of limitations dictates how long you have to file a claim. However, when a minor is injured, the timeline is often extended, and they have more time to bring a claim when they become an adult.
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Parent or Guardian Representation: Since minors can’t file a lawsuit themselves, a parent or legal guardian must act on their behalf. This representative will make all the decisions throughout the process.
3. Determining Compensation for Minors
Compensation in minor personal injury claims is meant to cover the costs of the injury, including medical bills, rehabilitation, pain and suffering, and future care needs. However, calculating damages can be tricky in these cases because the long-term impact of the injury may not be known.
In many cases, settlements for minors are subject to court approval. Judges will need to approve any settlement to ensure it’s in the child’s best interest, especially if it’s a large sum of money.
4. Structured Settlements for Minors
When a minor receives compensation from a personal injury claim, the court may require the funds to be placed in a structured settlement or trust. This ensures the money is used properly and is available to the child when they become an adult. The court wants to protect the child’s future, especially in cases where they may have ongoing medical or educational needs.
5. The Role of Legal Representation
Given the complexity of minor personal injury claims it’s important for families to have legal representation from an experienced personal injury lawyer. At Steinberg Injury Lawyers, we know how to handle these sensitive cases. We work with families to ensure all legal avenues are pursued, and the child’s rights are protected.
