As parents, our top priority is keeping our children safe. But accidents happen, and sometimes those accidents are caused by someone else’s negligence.
Child injury claims are sensitive because children are particularly vulnerable. The physical and emotional impact of an injury on a child affects their current well-being and potentially their future development and quality of life. The law for these cases takes into account the unique needs and rights of children, ensuring they receive the utmost protection and care.
So, securing child injury compensation involves considering the long-term implications of the injury on your child’s life, as well as the immediate costs. Below, our experienced Montgomery personal injury lawyers explore exactly how to handle child personal injury claims.
Why Personal Injury Cases Involving Children Are Different
Personal injury cases involving children differ from those involving adults for several reasons.
Children, because of their age and limited understanding, are considered especially vulnerable.
This means that adults are expected to exercise greater care when children are involved. The law recognizes that children may not always perceive dangers as adults do, and therefore, others must take extra precautions to keep them safe.
They also have less awareness of their surroundings, which makes them more prone to accidents. This raises the duty of care that schools, daycare centers, playgrounds, and other institutions must uphold to keep them safe.
Another difference lies in the impact of injuries on children. Children are still growing, which means an injury can disrupt this growth and lead to long-term health issues that might not be as prevalent in similar injuries to adults.
In addition to physical effects, injuries can impact a child’s emotional and psychological state. A traumatic event can leave lasting impressions, affecting a child’s mental health and emotional stability.
These aspects are critical when assessing the full impact of an injury and pursuing child injury compensation.
Who Can File a Personal Injury Claim on Behalf of a Child?
In personal injury cases involving a child, the child’s parents or legal guardians typically file the claim on their behalf. However, it’s important to remember that the child’s best interests are always a priority. A parent or guardian must act as a representative of the child in the legal process, ensuring that any settlement or verdict is fair and provides adequate compensation for both current and future needs.
In some cases, a special guardian, known as a special guardian ad litem, may be appointed by the court to represent the child’s interests if there’s a concern that the parents’ interests might conflict with those of the child. This is especially important if the child has sustained significant injuries that could affect them throughout their life.
Common Types of Child Injury Claims and Legal Considerations
Child injury claims can stem from a variety of incidents, but some of the most common include:
- Car Accidents: Children may be injured as passengers, pedestrians, or bicyclists. These accidents can result in severe injuries requiring long-term care.
- Falls: Falls at playgrounds, schools, or daycare centers are common. Even a fall at home can lead to significant injuries.
- Defective Products: Toys or children’s products that are unsafe or poorly made can cause harm. This includes anything from choking hazards to toxic materials.
- Dog Bites: Children are often at a higher risk for dog bites due to their small size and lack of understanding about how to safely interact with animals.
- Medical Malpractice: This can occur during childbirth or from improper treatment or diagnosis by healthcare providers.
How Settlements for Child Injuries Are Handled
Settling a child injury claim can often be a complex process because the law puts extra safeguards in place to protect children’s interests. Here’s a simple breakdown of how these settlements are generally handled:
1. Court Approval
Unlike settlements for adults, any compensation agreed upon for a child injury claim usually needs the approval of a court. This step is crucial because it ensures that the settlement is in the best interests of the child. The court examines the terms of the settlement to make sure that it adequately covers the child’s needs.
2. Setting Up Trusts
Once the settlement is approved, the money often doesn’t go directly to the child or even the parents. Instead, it’s typically placed in a protected trust account until the child turns 18. This helps ensure the funds are used for essential purposes like medical care, education, or living expenses as the child grows.
3. Structured Settlements
Sometimes, instead of a lump sum, the settlement is arranged in periodic payments through a structured settlement. This can be beneficial as it provides a steady income stream to handle future expenses, which can be important if the child has ongoing medical needs.
4. Professional Management
In some cases, the court might appoint a professional to manage the settlement funds. This person, often a guardian ad litem or a financial manager, makes sure that the funds are invested wisely and in a way that benefits the child.
The Importance of Long-Term Medical and Emotional Damages in Child Injury Cases
When your child is injured, it’s crucial to consider the immediate medical costs and the long-term implications of their injury. An injury that seems minor now can lead to more serious complications as they age and may require ongoing treatments, surgeries, or therapy well into the future.
Beyond the physical injuries, there’s also a significant emotional toll. Children who have experienced trauma can face challenges like anxiety, depression, or PTSD, which may affect their ability to learn, socialize, and enjoy life as they once did.
It’s also important to think about the future. Serious injuries can affect a child’s ability to earn a living later in life. They might have physical limitations or chronic pain that impacts their job opportunities or earning potential.
That’s why, in child injury claims, securing compensation is about ensuring that the child has the necessary support to deal with both the immediate and long-term consequences of their injury.
Contact an Experienced Montgomery Personal Injury Lawyer
If your child has been injured due to someone else’s negligence, it’s crucial to work with an experienced attorney who understands the unique aspects of child personal injury claims.
At Hunter | Everage, we fight for the rights of children and their families. We will guide you through every step of the process, from filing the claim to negotiating settlements, and ensure that your child receives adequate compensation.
If you’re facing the challenges of a child injury case, contact us at 704-377-9157 for a free consultation. We’ll help you understand your options and work to secure the best possible outcome for your child’s future.