If your child has been injured due to the negligent or intentional acts of another person, you may be able to file a personal injury claim on their behalf. Understanding the process and laws that apply when it comes to minors can help you determine if filing a claim is the right course of action for you and your family.
Who Can Bring a Claim?
In most cases, the parent or legal guardian of an injured minor can bring a personal injury claim on behalf of the child. In some states, however, an attorney must represent the minor in court proceedings related to the case. Additionally, in some states, there are limits on how much money an injured minor can receive in compensation. It’s important to research these laws and regulations before filing any claims involving minors.
When Should I File the Claim?
The statute of limitations for personal injury claims involving minors varies from state to state so it’s important to understand when you need to file your claim by researching applicable laws in your area. Generally speaking, parents must file their claims within two years of the date of injury or accident that caused the harm. However, this time frame may be shorter depending on where you live so it’s best to take action as soon as possible after an injury occurs.
What Damages Are Available?
The damages available in any personal injury case depend largely on the specifics of each individual situation but they typically include both economic and non-economic compensations such as medical expenses, lost wages, pain and suffering, emotional distress and loss of consortium (i.e., when one spouse suffers due to an injury that affects their partner). In many cases, punitive damages may also be awarded if the defendant acted with gross negligence or malicious intent towards the plaintiff—in this instance being a minor child.
Final Thoughts
If your child has been injured due to someone else’s negligence or intentional act, then understanding personal injury claims involving minors is essential before taking any further steps towards litigation. Researching applicable laws and statutes of limitations is key when filing any kind of claim but especially those involving minors—as there are often special rules that apply when children have been harmed by another person or entity. With this information in hand you can make informed decisions about whether filing a personal injury claim for your child is appropriate for your family’s situation.
