Personal Injury Claims Involving Minors
Personal injury claims involving minors can be especially distressing and complex, requiring careful navigation of legal procedures and considerations. Whether it’s a car accident, a slip and fall incident, or any other type of personal injury, understanding how the law applies to minors is crucial for ensuring they receive fair compensation for their injuries. To help, the personal injury attorneys at Pulvers, Pulvers & Thompson, L.L.P. have compiled a useful guide for you.
Legal Considerations
Minors, individuals under the age of 18, are treated differently under the law compared to adults when it comes to personal injury claims. Here are some key considerations:
Guardianship and Representation
Minors cannot file lawsuits or negotiate settlements on their own behalf. A parent, legal guardian, or appointed representative must act as their guardian ad litem to pursue a personal injury claim. This guardian represents the minor’s best interests throughout the legal process.
Statute of Limitations
The statute of limitations for filing a personal injury claim involving minors may differ from that for adults. In many states, the clock starts ticking once the minor reaches the age of 18. However, it’s crucial to consult with a personal injury attorney as soon as possible to understand the specific deadlines that apply to your case.
Settlement Approval
Any settlement reached in a personal injury case involving a minor must be approved by a court. This ensures that the settlement amount is fair and in the minor’s best interests. The court will consider factors such as the extent of the injuries, future medical needs, and any long-term impact on the minor’s quality of life.
Types of Personal Injury Cases Involving Minors
Car Accidents
Car accidents are unfortunately common and can have serious consequences for minors. Whether as passengers or pedestrians, minors can suffer from injuries ranging from whiplash to more severe trauma. Determining liability and ensuring adequate compensation for medical expenses and long-term care is essential.
Playground and School Accidents
Accidents at playgrounds, schools, or daycare facilities can result in injuries such as broken bones, head injuries, or even more severe outcomes. Property owners and supervisors have a duty to maintain safe environments for minors, and negligence in this regard can lead to liability. Read our previous blog post on child injury liability for more information on cases involving minors.
Medical Malpractice
Instances of medical malpractice can have devastating consequences for minors. Whether it involves surgical errors, misdiagnoses, or birth injuries, these cases require specialized legal expertise to handle the complexities of proving negligence and securing compensation for the minor’s future care needs. Read more about hospital negligence here.
Consult a Personal Injury Attorney
Dealing with a personal injury claim involving a minor requires specialized knowledge and experience. A knowledgeable attorney can provide guidance on applicable laws, statutes of limitations, and the unique considerations of representing a minor in legal proceedings. Along with this, they can negotiate with insurance companies and other parties to ensure that any settlement offer adequately compensates the minor for current and future medical expenses, pain and suffering, and other damages. Your attorney will guide you through the process of obtaining court approval for any settlement reached, ensuring that the minor’s best interests are protected. Contact Pulvers, Pulvers & Thompson, L.L.P. today at 212-355-8000.