Things To Note About A Child's Personal Injury Case

Personal injury cases involving children work a little differently than normal; here are some things to note about this special case.

A Parent or Guardian Files the Lawsuit

First of all, it's important to note that a child doesn't file their own lawsuit. The parent or guardian must start the lawsuit on a child's behalf. Thus, you will be doing most of the interfacing with your personal injury attorney and with the courts.

Many Types of Compensation Can Be Sought

When you file a personal injury lawsuit, there are many different kinds of injury compensation that might apply. Of course, the child's medical bills will be covered. But, pain and suffering may also be part of the equation. If the child will suffer from a permanent disability or disfigurement, this is also taken into consideration. And things like psychological or emotional damage from an injury are an important part of a personal injury case as well, especially when dealing with children, for whom a traumatic experience can have an even bigger impact.

Negligence Will Be Handled Differently

As an adult, one cannot easily sue another person if they are found to be negligent themselves. For example, if an adult trespasses and gets hurt, they will likely be responsible for their own injuries for the most part. But this doesn't always apply to children. It will depend on the child's age. If the child was too young to know about staying off of other people's property, and the homeowners had a hazard on their property that wasn't adequately concealed, then a child may still win a personal injury case.

The Money May Be Put in an Account

A judge might decide to put a good portion of the settlement money into a guardianship account, The money would be made available once the child turns 18 and can claim it for themselves. This is designed to make sure that the child is adequately compensated for their own pain and suffering, and that parents act fairly when it comes to claiming personal injury settlements for their child. As you can probably tell by now, there are many rules governing personal injury claims for children, and they may not always be what you would expect if you are familiar with other types of personal injury claims. It's a good idea to find a personal injury attorney who has experience working on claims that involve children. They will have the best idea about the separate laws that apply in these cases, and they will be the perfect person to work with you and your child to get an accurate and complete picture of the case.