4 Facts About A Child's Personal Injury Case
If your child has been injured because of someone else, then you likely want to go through a personal injury case in order to pay for your child's injuries. For example, if your child has been hurt while under the supervision of another parent, then you will want to sue the other parent to cover your child's medical expenses. Here are four facts about your child's personal injury case that you need to know:
- You Have a Legal Right to File: As the parent of an underage child, you have a legal right to file a personal injury claim and appoint an attorney on your child's behalf. In most states, you will not have to have your child testify in court in order to determine whether or not you have the right to file a claim for them. If you are in a state that requires preapproval, you are going to have your child provide their side of the story in front of a judge who will determine whether or not filing a claim is something that is legal for you to do.
- You Can Even File if Your Child Trespassed: If your child was on someone else's property without their permission and they become injured, you still have a right to file a personal injury claim against them. This is because children do not have the mindset to comprehend that going on someone else's property is trespassing. This means that all homeowners should be sure that they are cautious of potential dangers present on their property that could injure a child should a child stumble upon it. For example, a homeowner without a fence around a pool can be sued if a child trespasses and drowns.
- Negligence is Determined by Age: Determining whether or not the injury was the fault of the property owner, the person responsible for your child at the time, or your child will depend on the type of injury sustained and your child's age. Typically, children under the age of 6 are never found to be negligent. However, if you have a teenager, for example, who has trespassed on someone's property, then your teenager is usually held accountable for their actions and not the homeowner.
- You Can be Compensated for More Than Medical Bills: Even though your child probably doesn't provide any income for your family, there is still a chance that you can receive compensation for future income in the case that the injury has caused deformity in your child or injuries that will prevent him or her from getting into certain job fields in the future.
By knowing some of these facts about personal injury cases involving children, you can determine whether or not filing a claim on their behalf is worth it in the end based on the specifics of their case. Talk to a professional like Kuzyk Law for more information.
25 February 2015