The last thing a parent would want to witness is the suffering of their children. During any car accident, we all know how personal injury cases function, but what if children are involved in the accident too? In such a situation, the law for personal injury assumes that children’s cognitive and judgmental ability is weaker than that of adults. Therefore there are a number of special rules that govern the compensation and the liability for vehicle accidents that involve children.
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A personal injury may negatively influence your child’s life, but it may also result in chronic health problems, psychological disorders, acute discomfort, or even permanent incapacity. Due to this, it is essential to engage with a knowledgeable personal injury attorney who can increase a child’s prospects of making a full medical recovery and going on to have a healthy and happy life.
Sometimes a small accident can have a big impact on the children and if it becomes a chronic pain or problem it might affect your child a lot in the long run. This is the reason engaging with a good personal injury will make it easier for you to handle everything with ease.
Injured Children
There is still a right to compensation for any type of crash-related damages, including pain and suffering, permanent injury, mental distress, disability, etc. The compensation scheme is different in each state. However, the compensation right for the medical bills paid on behalf of a child must be separate from that of the adult or a parent. For obvious reasons, the parents are permitted to either negotiate on behalf of their affected children or hire a car accident lawyer to negotiate on their behalf.
It is an easy operation. Therefore it doesn’t require much time. It entails completing paperwork and submitting it to the court for authorization. Additionally, the insurer of the insurance company will provide you with the documents and instructions on how to fill them out when you decide to obtain compensation for the losses incurred in the accident that injured your kid.
It is also the best decision for the insurance company to make sure the settlement is completed accurately and approved on time so that the child’s lawyer won’t go to court months or years later to argue that the youngster is entitled to more money.
The majority of the time, parents are entitled to compensation for any monetary losses they might incur while a kid is recovering, such as continuous medical costs. Depending on the circumstances, there are many chances of being awarded punitive damages. Punitive damages are particularly designed to hold defendants accountable and deter others from acting in the same way.
Minors are subjected to a broadened statute of limitations
The time to submit a claim for injuries after the accident is governed by the statute of limitations. This period is only allowed to last for two years following an injury, albeit it differs from state to state. However, a child-related personal injury case has two extensions.
- The first one that gives them time to make their claim after turning 18 instead of an adult doing it on their behalf extends up to two years after that.
- The second one is a 2 year extension after an injury is discovered. This enables the parents to bring a claim in the event that the injuries aren’t identified until after the child’s bones, muscles, and joints have developed.
How To Choose An Attorney For A Personal Injury Case?
Now you know what all of the conditions are, what all of the limitations are if you go for the case, but if you go for your child injury case, you must ensure that the attorney you hire is experienced. Furthermore, we will talk about some of the important things to check before hiring an attorney.
How Much Experience Does Your Lawyer Have?
Your lawyer should know what works and what doesn’t work based on their experience. In some cases in which certain things are done for the victim, in others, they are not. Look for lawyers who have received awards for excellence and have a solid reputation.
You can also learn about them by checking their reviews and seeing what their past clients have to say about them. These awards and testimonials are typically displayed on their website. Ideally, look for someone with a track record of success in child injury law. You can also check their degrees and achievements from previous cases.
What Is Their Fee Structure?
Payment agreements are used by lawyers in a variety of ways. For example, you may end up paying a flat fee or an hourly rate for your lawyer’s services. You need to know how they charge their clients so that you have an idea in advance of how much money you need to have with you.
Others work on a contingency fee basis, which means they are paid a percentage of your settlements, in other words, they are not paid until you are. If lawyers with contingency fee agreements are confident that they will win, but if they do not, you may be required to pay for other court-related expenses, such as paying for expert witnesses who were called to testify. Different lawyers have different structures, and before approaching them, you must have information about all these things.
The Takeaway
The legal field is vast, but most lawyers specialize. While a lawyer’s website may state that they handle child injury law, the majority of their clients may come to them for reasons other than child injury law. You need to be very particular and check everything before finalizing, because, after all, it’s your child’s health that will be compromised. Never make decisions which you will regret later in the future. This article will guide you through all the things that are important for you to know for child injury cases.
Nicola Holder 
Rhydian Choi