Can You File A Personal Injury Case On Behalf Of A Child?

If you are injured at work or at a company, you may be able to file a personal injury claim. But what if a child is hurt at school, at the mall, or on the playground?

Children, like adults, can be harmed as a result of someone else’s carelessness or recklessness. Children also have the right to get compensation for their loss. Minors under the age of 18 cannot, however, bring a personal injury lawsuit or claim. As a result, parents frequently bring personal injury lawsuits on their children’s behalf.

Following are some details you need to remember while filing a personal injury case on behalf of your child.

Limitation On Filing Suit

Delaying a personal injury claim might reduce your chances of receiving full and reasonable compensation for medical bills, loss of any ability, pain, and suffering, and other expenses. The court, for example, may have difficulty reaching witnesses, and certain evidence may no longer be available. Most of the countries have a limited three years in which you file a case, after that it is time-barred. So it is good to hire the best personal injury attorney in Knoxville TN.

In child injury cases, the court sets several requirements to safeguard the child’s best interests. Typically, compensation is paid into an interest-bearing bank account maintained in trust by the child’s parent or guardian until the kid reaches the age of 18. Some of the cash grants may be used for medical expenditures in the interim with the court’s consent.

What Type Of Injuries Can You Claim?

A child injury claim is a legal claim for compensation for damages sustained by a child as a result of another person’s negligence. You will prove the loss before the court on behalf of your child.

Some frequent scenarios that might result in a child injury claim are as follows:

  • Drowning
  • Accidents by car
  • Dog biting or attack
  • Bicycle defect
  • Medical malpractice
  • Defective products
  • Playground accidents
  • Defective airbags

What Do You Need To Do To Seek Compensation On Behalf Of Your Child?

Filing a personal injury claim on your child’s behalf is rarely simple. You will need to show the other party’s fault if you wish to obtain the damages, your son or daughter needed to meet their medical costs and other expenditures.

To do so, you must demonstrate to the court that:

  • The other person had the responsibility of caring for your kid.
  • The negligent behavior of the other party violated that duty of care.
  • Your kid was wounded as a result of the other party’s carelessness.
  • Your child’s injuries are as serious and life-changing as you say.

Several approaches may be used to demonstrate these concepts. Most parents, however, believe that gathering a variety of evidential items and presenting them to the court is the most effective alternative.

In circumstances like these, the most persuasive pieces of evidence that you can put forth to court to prove your child’s injury are:

  • Accident reports from the police
  • Testimony of witnesses
  • Video evidence
  • Photographs of the accident scene
  • Medical records

What Remedies Are  Available After Your Child Is Injured?

The amount of compensation you might receive if you submit a personal injury claim after your kid is hurt in a vehicle accident or a fall is determined by several variables.

This can include things like:

  • The sum you paid for your child’s initial medical care.
  • The estimated cost of your child’s continuous healthcare requirements
  • Expenses related to your child’s rehabilitation
  • The number of days you were absent from work as a result of your child’s injury
  • The impact of your child’s injuries on their capacity to learn
  • The impact of your child’s injuries on their capacity to learn
  • The effect of your child’s injury on their earning potential
  • Your child’s emotional distress as a result of their injury
  • The impact of your child’s injuries on their quality of life
  • The insurance policy’s liability limitations for the at-fault party

You may be eligible to obtain damages depending on the precise nature of your son or daughter’s injuries and the impact it had on your family, you may be entitled to seek damages for:

  • Medical costs
  • Costs of ongoing care
  • Fees for rehabilitation
  • Income wasted
  • All lost Future profit
  • Suffering and pain
  • Emotional sufferings
  • Dissatisfaction with life

Final Words

In a nutshell, it is very obvious that being a minor a child cannot file an injury claim for his injury. But his or her parents can file a personal injury case on behalf of their child. Make sure that you file a case within the specified time and with proper evidence.

The court will observe all the evidence keenly and then award damages to the negligent party. The parents can get the compensation on behalf of their parents.

Comments are closed.