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.
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