When a child is hurt in an accident or sustains an injury, it can be an emotionally challenging and financially draining experience for the family.
Knowing your rights and options is important when a child suffers an injury due to someone else’s negligence or wrongdoing.
This article will provide six essential things you need to know about children’s accident claims, including who can make a claim, how to file a claim, and what damages are available.
Who Can Make A Claim?
It is important to know who can make a child injury claim, as the legal rights and responsibilities of the child’s parents or guardians may ultimately determine who will be financially responsible for any medical costs resulting from an accident.
Typically, only a child’s parent or guardian has the legal authority to make a claim on behalf of the child and seek compensation for financial losses associated with their injury. If the child is legally emancipated, then they may be able to make a claim themselves.
It is also essential to determine if any special laws apply when making claims involving minors in your state or jurisdiction. In many cases, specific statutes related to child injury claims should be thoroughly examined before filing a claim.
For example, some states have laws that may limit the compensation awarded or require a child to prove their case in court before damages can be paid out.
In addition, it is essential to seek assistance from child injury attorneys specializing in child accident claims. They will be able to advise you on your legal rights and help ensure that you are fully compensated for any medical costs associated with your child’s injury.
Furthermore, child injury attorneys can provide invaluable advice throughout the litigation process and, if necessary, represent the child in court.
How To File A Claim?
The process for filing a children’s accident claim varies depending on the jurisdiction and nature of the incident. Generally speaking, most claims are filed through a civil court system, but in some states, there are special procedures for filing claims involving minors.
It is essential to research your state’s rules and regulations for filing an injury claim before taking legal action.
What Damages Are Available?
The damages available in a claim will depend largely on the facts and circumstances surrounding the case. Common types of damages awarded in children’s accident claims include medical expenses, lost wages, pain and suffering, and property damage.
Additionally, if the injury was caused by a negligent or intentional act of another party, punitive damages may also be available.
Statute Of Limitations
It is important to know that there are time limits governing how long you have to file an injury claim on behalf of a minor. These are known as statutes of limitations, and they vary by state.
For most claims filed on behalf of minors, these deadlines can range from as little as one year up to six years after the date of the incident or when the child turns eighteen. It is important to research your jurisdiction’s statute of limitations for filing a claim before taking legal action.
What Evidence Is Needed?
The evidence required for a successful children’s accident claim will depend on the circumstances of the case and the damages sought.
Generally speaking, it is important to collect as much evidence as possible, including witness statements, medical records, pictures of the scene or injuries, police reports, and other relevant documents.
Additionally, expert testimony from a medical professional may be needed to prove that the injuries were caused by an accident.
Who Pays For The Claim?
The party responsible for paying a children’s accident claim will depend on who was at fault for causing the injury. If the responsible party has insurance coverage, such as homeowners, auto, or business insurance, their insurer usually pays for the claim.
The responsible party may be liable for all damages awarded in a court judgment if no insurance coverage is available.
Additionally, some states provide compensation from a special fund set up to cover claims involving minors who are injured due to another person’s negligence or wrongdoing.
Children’s accident claims can be complicated and emotionally challenging for both parents and children alike.
While it is vital to know your rights and options when filing an injury claim on behalf of a minor, it is also essential to understand the legal process and what types of evidence are needed to prove liability and recover damages.
By following these six vital tips outlined above, you can arm yourself with the knowledge needed to take appropriate legal action and seek compensation for your child’s injuries.