Children are adventurous and playful, but their developing physical attributes make them more susceptible to injuries in an accident. Therefore, parents must take extra care to make sure that their kids stay safe in all situations.
If your child was hurt in an accident caused by someone else’s negligence, you can likely file a civil claim with the help of an experienced personal injury attorney. Bringing a lawsuit on behalf of a minor involves some complications that are not present in a claim involving an adult, so it is vital to get legal representation from someone experienced in these types of cases. A Fort Hood child injury lawyer can work to identify who caused the accident and hold them accountable for the harm your child suffered.
As previously mentioned, there are some unique aspects that make submitting a claim for child injuries more complicated than a standard accident lawsuit.
For instance, when the injured person is a minor, the statute of limitations clock, which is usually two years from the date of an accident, does not begin running until they turn 18. Therefore, someone who suffered injuries as a minor could bring a suit against the responsible parties any time before their 20th birthday.
However, waiting to submit a claim for injuries suffered as a minor is not always beneficial. Evidence could erode or disappear, or previous witnesses might have moved away from the area. Additionally, families might need immediate financial help to cope with a child’s severe injury. Fortunately, state laws allow a parent or guardian to file a lawsuit on behalf of their injured child.
If the parent chooses to file on behalf of their kid, they must do so within two years of the child’s injury. A knowledgeable attorney in Fort Hood could advise a family about the risks and benefits of filing an injury suit on behalf of a child or waiting for their loved one to turn 18. After a family assesses the right option for their circumstances and files a claim, they can usually move forward to collect financial compensation.
A successful civil claim for child damages usually entitles a family to significant monetary damages. To begin, a child injury case could award a family with all the money they need to pay for past, current, and future medical expenses.
If the injury produced a permanent disability, damages could include all expenses relating to the child’s rehabilitation and adapting to the disability. If the disability impacts the child’s ability to earn a living or live independently, a financial compensation could include repayment for the costs of their ongoing support.
Finally, families also could seek damages for their child’s emotional suffering, physical pain, and other provable limitations the injury might impose. A detail-oriented lawyer in Fort Hood can assess the child’s injury and its repercussions to determine the full scope of financial compensation that a family deserves.
Generally speaking, the proceeds of a lawsuit filed by a parent on behalf of a child belong to the child, not the guardian. During the final stages of an injury case involving a child, court must approve any settlement. To validate a final baseline of compensation, a judge will appoint a guardian to review the terms and confirm that the verdict is in the child’s best interests.
In most cases, settlements are arranged so that the child receives the money when they turn 18. If an award of monetary damages is particularly large, the funds might be paid out over time through an arrangement called an annuity. A hardworking attorney in Fort Hood can provide personalized assistance during this process and help a family decide the most advantageous way to structure a settlement for their injured child.
When your child suffers a severe injury, you might be feeling lost about your legal options and scared for their future. Thankfully, you likely have options for seeking justice if the accident that harmed your kid was caused by a defendant’s negligence. A Fort Hood child injury lawyer can assess your case, outline your best next steps, and help you understand what makes filing this kind of claim different. Acting quickly is important, so do not delay. Contact the office today to schedule your initial consultation.