Suffering an injury due to the negligence of another can be a tremendously
distressing experience, especially when your child was involved in the
accident. While your family may be able to seek justice against those
responsible, it is important to understand that there are fundamental
differences between a personal injury claim involving a child and an adult.
Below, our blog discusses what you need to know as a parent when recovering
compensation for a child’s injury claim.
Children cannot file a lawsuit: Unless in rare circumstances such as where a child is legally emancipated,
a parent or legal guardian must file suit on behalf of their children.
While parents can collect funds such as medical costs, a court-appointed
representative may be chosen to see that additional damages a child receives
in a settlement are in the child’s best interest.
Standards of negligence: Negligence plays a large role in determining both the amount of compensation
a victim can receive and if they are able to claim compensation at all.
An adult may not be able to collect compensation if they are more than
50% at fault for an accident. However, as children do not yet possess
fully developed mental capacities, they are held to a different standard.
Depending on a child’s age and the type of accident, children may
not be legally viewed as having acted negligently.
Proving damages: Hospitalization costs and medical bills are often a chief expense after
an accident. Outside of this category, the type of damages suffered by
children are likely to be different or calculated differently than with
adults. For example, children are less likely to have substantial damages
from missed work. However, families may still seek damages from hindered
potential, such as if a disability occurred that prevents certain types of work.
Receiving funds: A principle difference in personal injury cases involving children is
how compensation is paid. Children and parents are generally not awarded
compensation directly from a child’s personal injury suit. While
parents can recover funds such as hospital costs, remaining funds are
generally put aside with the county clerk, to be held until the child
becomes of age.
Was Your Child Injured? Call (614) 321-3212
If your child has been injured in an accident, maximizing the strength
of your case begins with choosing the right attorneys. At Rourke and Blumenthal,
we understand the issues specific to injury claims involving children
and our firm can help you to seek the compensation that your family needs. Our
Columbus personal injury attorneys possess substantial experience defending the injured and have recovered
more than $300 million for our past clients. If you are ready to take
the next step, contact our firm today and get more than 75 years of combined
experience on your side.
Request a FREE case evaluation and speak to an attorney about your legal options.