Whether a child is at school, under the care of a babysitter, or out and about in the world, they deserve protection from those around them. Unfortunately, when adults act negligently, they can cause accidents resulting in serious harm to any children involved.
If your child suffers an injury due to the negligent actions of someone else, you and your family have the right to work with a skilled personal injury attorney and pursue compensation from the at-fault party. However, there are legal nuances regarding a minor’s ability to receive payments from insurance companies or defendants. A Philadelphia child injury lawyer could help your family seek restitution for your losses and hold the wrongdoer accountable.
What to Know About Child Injury Cases in Philadelphia
Like adults, children are susceptible to personal injuries in various scenarios, including car crashes, bike collisions, slip and falls, or accidents caused by defective products. Regardless of the specific type of accident, a Philadelphia attorney could help a family gather the evidence necessary to prove that another party failed in their legal responsibility and as a result, caused injury to a child.
A legal representative could build a strong case that outlines why the incident occurred, as well as how it has impacted a child’s life. Serious accidents often lead to hefty medical bills, lost enjoyment of life, and time missed at school. A successful child injury claim could recover compensation for these losses.
Statute of Limitations for Child Injuries
In most personal injury cases, a claimant has two years to file their claim before the statute of limitations expires. However, in cases involving a minor, the statute of limitations does not begin until the child’s 18th birthday. This means that most children have two years after they turn 18 to take legal action for injuries they suffered as minors.
Special Rules for Child Injury Cases
In most situations, people who suffer injuries have the sole legal authority to seek out compensation for their losses. However, this does not apply to children. Minors under the age of 18 cannot serve as plaintiffs in lawsuits or as claimants in insurance cases on their own. Instead, a parent or guardian must act on their behalf.
This can create legal concerns when determining the best interests of the child in a civil case. As such, when the net value that a child would receive from an insurance settlement is in excess of $10,000, the court must give its approval before any money is paid out. Additionally, this money must go to a guardian of the estate or into a savings account, where it must stay until the child turns 18. A Philadelphia lawyer could help parents understand the nuances of child injury cases and advise them on the appropriate steps to take.
Speak with a Philadelphia Child Injury Attorney
If your child suffered injuries due to another person’s negligence, your family has the right to take legal action and pursue the compensation necessary to set things right. A Philadelphia child injury lawyer could help prove liability for their injuries and seek out appropriate payments for both economic and non-economic losses. Reach out to our team today learn more about how we could help you and your child during this difficult time.