Legal Rights of Injured Minors - A personal injury case involving a minor or a child comes with unique legal considerations as compared to cases involving an adult. When a minor is involved in an accident that resulted from another party’s negligence, then the courts or legal representation must put into account the minor’s age as well as any long-term impact of the injuries.
Personal injury cases key objective is to seek compensation for injuries and emotional distress sustained from another person’s negligence. However, when the case involves an underage, the courts will introduce additional measures to ensure that the interests of the child are protected.
Who is a minor?
A minor is any individual who is below the specified age within their state (it differs from one state to another) but it usually identified as 18years. These individuals cannot assume the responsibilities of adults.
This said, any individual who is not considered an adult cannot file a lawsuit which in turns calls for parents and/or guardians must represent them.
There are a number of scenarios that will call for a claim that involves children. Understanding each scenario will help you to know when to call your trusted personal injury attorney.
This refers to negligence by a healthcare provider, which will result in the injury of a child. The harm may be a result of wrong medical diagnosis, surgical mistakes, failure to treat an ailment, or injuries at birth or as an infant. Such negligence can be severe not only at the point of impact but also in the long term.
Vehicle accidents, just as with grown-ups, can suffer harm and injuries as passengers, cyclists, or as by-walkers. The idea is to identify the at-fault party and prove their negligence.
Children are not good decision-makers, and many times, in the absence of a guardian, they will make wrong decisions. Therefore, they are normally under supervision. Any injuries that arise from playgrounds be it at school or at a daycare, are put into consideration. The injuries are as a result of poor supervision, faulty or inappropriate equipment as well as playing in unsafe conditions.
Premises liability refers to injuries that are incurred in another individual’s property. Individuals must ensure that their property is safe for the under-aged, considering they may not be aware of the side effects or consequences of any hazards.
Before individuals can file for personal injury cases involving a minor, it is crucial that the harm was caused through negligence. Where an underage is involved, proving negligence is important whereby the different elements of negligence may include:
Negligence can occur from the defendant’s inability to act in a reasonable and responsible way. Alternatively, the defendant may have acted in a way that led to the accident in question. For example, you may have left your child at a day care only for the child to end up playing with a knife. The care giver should never at any circumstance have left any sharp object within reach of the child.
Causation refers to proving that the injuries in question were actually caused by the at-fault party negligence. It is one thing to show that the defendant was negligent but it is another to show that the outcome of the negligence was injuries to the minor. This link must be evident before filing for a claim.
This is in reference to actual damages both financial (medical expenses, long-term care expenses) and non-financial (pain and suffering) that arose due to negligence. For example, when a doctor or nurse provides wrong treatment that may have led to paralysis or amputation.
Children should be under the care of an adult at all times. When caregivers fail to meet this requirement, it is considered to be negligence. For example, property owners where children operate are called to ensure that the surroundings are safe.
The statute of limitations sets a timeline for filing a personal injury case. In the case of minors, the period can be extended, allowing them to file a case in the event the parents or guardians did not file when the minor turns 18 years old (the legal adult age). The extended time is allowed to allow the minor to file for compensation even when the guardians did not file the case immediately after the accident.
A child cannot represent him or herself in a court of law and therefore, an adult must be present. A court will therefore, appoint a Guardian ad Litem to represent the minor through the court hearing. The GAL’s key responsibility is to ensure that the provided settlement is just and fair as well as, that it represents the minor’s best interests.
Where an underage is involved, the court is likely to go for structured settlements. Structured settlements refer to payments paid out n partiality over a given period to allow the payments to cover related to medical expenses in the future.
A: Just as with any other personal injury case, an underage is entitled to compensation even though they cannot personally file a claim. The at-fault party must financially compensate the underage in an effort to alleviate the financial strain arising from the accident injuries. A minor’s injury settlement will include the following damages:
A: In the absence of a biological parent, a legal guardian must represent an injured minor during the proceedings and this is not limited to relatives.
A: First and foremost, it is evident that an underage (as an independent entity) cannot engage a lawsuit. That said, an adult must make a claim on behalf of the child. However, it is not just anyone that can file for such a case.
A parent is entitled to file a claim on behalf of their son or daughter therefore allowing the parent to make recognized decisions. Therefore, the parent will seek the services of an attorney as well as engage the legal system.
A legal guardian refers to an individual who, through the courts, has gained legal custody over a minor. It could be a relative, a friend to the family or someone entrusted to care for the child.
A: After the court’s approval on settlement, the proceeds can be distributed. However, there are two ways the proceeds can be distributed/released. First, the settlement can be released as a lump sum. Secondly, there is the option to opt for structured settlements that allows the at-fault party to make payments over a specified period of time. Once the custodian receives the funds, they can allocate them to benefit the child’s interests.
A: The purpose and benefits of an attorney include:
The age of the child and the sensitivity involved in such encounters have to be taken into account; hence, a custodian will have to be there to take his or her place. It is imperative to have a trustworthy and experienced lawyer for personal injury so that the child’s compensation and the family’s compensation are equitable and just. The circumstances that lead to a given accident will change with each case. Hence all measures have to be taken in order to reach a proper compensation scheme without violating the sensitivity of the case. In case your child has been hurt and you are looking for qualified legal service, call the LA Injury Group today to defend your child’s rights and obtain the compensation entailed for your family.
Dewi Gunherani. (2023). Legal Protection of Children in Case of Physical Violence Causing Serious Injury Perspective Law. https://eudl.eu/doi/10.4108/eai.6-5-2023.2333507
Kaufman Irving et. al., American Bar Association. Juvenile Justice Standards: Standards Relating to Rights of Minors. https://www.ojp.gov/pdffiles1/ojjdp/83578.pdf