Parents understandably want justice if a child suffers injuries because of someone else’s negligent behavior. They may be able to gain compensation for the child’s medical bills and other injury-related costs through a personal injury claim. These claims are different than those for adults, and it is important for parents to understand those differences. Below are several things to know about personal injury claims involving children.
Children Cannot File on Their Own
Even if a child is a high schooler and competent enough to hire injury lawyers in Live Oak, FL, no one under the age of 18 can negotiate their own settlement. It’s up to the parent or guardian to file a claim in the child’s name. One benefit of this requirement is that it enables parents to seek compensation for medical expenses related to the accident.
Trespassing Rules Are Different in Child-Related Injury Cases
If an adult is injured on a property where they lack legal access, he or she is unlikely to recover damages because the trespass absolves the owner of liability. However, if a child is injured in a similar situation, his or her family may be able to gain compensation if the property’s owner was aware of the danger and the likelihood of trespassing.
Children’s Negligence Is Determined by Age
In the above example, an adult may find it difficult to make a recovery if their actions contributed to the event. However, a child isn’t held to the same standard because their mental capacity differs from that of an adult. In evaluating a child’s personal injury, the child’s contributory negligence is based on reasonable behavioral expectations for children of the same age. Children under the age of six cannot be found negligent in any circumstance.
Appointing a Guardian ad Litem
In some cases, the court may appoint a guardian ad litem to represent the child’s interests in terms of compensation received through a settlement or verdict. The court may put the settlement into a guardianship account, which is paid out in the form of an annuity that starts when the child reaches the age of 18.
As shown, children have the right to get compensation for injuries caused by others’ negligence. However, the child’s experience level and age can add unique challenges to such a case. Injury lawyers in Live Oak, FL with Northfloridaautoaccidentlawyer.com can handle these cases and work with parents to ensure fair and just compensation.
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