Filing a Personal Injury Claim if the Victim is a Child
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- Filing a Personal Injury Claim if the Victim is a Child
October 8, 2020
Children are often more vulnerable to injury, not just because of their smaller size and the fact their bodies are still developing. Children often do not recognize dangerous situations as quickly as adults do, and they often think they are unlikely to get hurt when they do dangerous things.
However, even when children are in dangerous situations, they are often injured because of the negligence of someone else, such as another driver or property owner. When this happens, they may be eligible to pursue a personal injury claim.
Below, learn more about the differences between personal injury claims involving adults and those involving children, including filing deadlines, procedures for filing a claim and how compensation is paid out.
Who Files a Lawsuit Over a Child’s Injury?
Generally, a lawyer files a claim on behalf of the victim. However, it is often the child’s parents or legal guardian(s) who advocate on behalf of the child. They are usually the ones who meet with a Phoenix personal injury lawyer to discuss legal options, negotiate and approve settlement offers.
However, the child could advocate on his or her behalf, particularly after turning 18. Arizona’s personal injury statute of limitations contains an exception for claims involving minors ”“ the two-year clock on filing a claim does not begin to run until the minor turns 18. That means a child could theoretically wait until turning 18 to consider pursuing a case.
Compensation for Children
The goal of a personal injury claim is to obtain compensation to help put the victim back in the position he or she was in before the accident. This is especially important for a child, as a personal injury accident can have a dramatic impact on the child physically, emotionally and psychologically. Children may need counseling to help them process what happened, particularly after a dog attack or near drowning.
Our experienced attorneys know how to determine the value of a claim, factoring in emotional and psychological damages and the cost of counseling and medications. Our goal is to do what is in the child’s best interests.
In some states, the claim cannot be settled until it is approved by a judge. Once there is a settlement or jury verdict in the child’s favor, compensation is often placed into a trust, and the child cannot access it until he or she turns 18 years of age. Sometimes courts appoint a guardian ad litem to review the terms of a settlement to ensure it is fair.
The court may have authority to allow the parents to use a portion of the settlement for the benefit of the child, such as if the child needs medical or psychological treatment. For example, maybe the child needs medical equipment or home renovations to accommodate a disability.
Wrongful Death Claims
When a child dies due to another’s negligence, the parent or guardian of that child may be eligible to pursue a wrongful death claim. Parents or guardians may be able to pursue compensation for:
- Funeral and burial costs
- Medical expenses prior to death
- Property damage
- Loss of companionship
- Pain and suffering
Injuries Children Often Suffer in Auto Accidents
While there are many different types of personal injury accidents, motor vehicle accidents are the most common. When children are involved in these accidents, they may suffer a variety of severe injuries, including:
- Head injuries
- Brain injuries
- Spinal cord injuries
- Skull fractures
- Lung injuries
Children are often more likely to suffer these injuries because the impact of a collision can be much more severe on their bodies. That is why internal injuries are quite common in car accidents involving children.
That is why seeking medical attention for your child should be your first priority after a crash. Waiting could allow injuries to become much worse and potentially put your child’s life in jeopardy.
Has Your Child Been Injured? Call to Schedule a No-Risk, Free Consultation
The attorneys at Phillips Law Group are ready to pursue maximum compensation for your child’s injuries. Call today to schedule your free consultation to find out if you may have a valid claim.
Our experienced attorneys have extensive knowledge of Arizona laws governing claims involving children. Our goals are to do what is in the child’s best interests and hold the responsible parties accountable.
Our firm has more than 28 years of experience helping personal injury victims across the state and we have obtained hundreds of millions of dollars on behalf of our clients. There are no fees unless we obtain compensation on your behalf.
Call Phillips Law Group today. Phone: 1-800-706-3000
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Working at Phillips Law Group has been great the 1st few years in I noticed how well organized and run this Firm was from Intake to Settlement the Client has the expertise of a staff member uniquely qualified for the particular stage of each Clients claim and all other Law firms try to emulate what we do here but none quite get it right because they lack one major component “Compassion”. We are a FAMILY not just a group of people/employees. We care deeply about each other and our clients’ we are considerate, compassionate and make sure that all our Clients’ needs are met from beginning to end. That’s because we treat our clients just like we treat each other. Nothing like walking through the office and saying Hello to fellow employees who always seem to be smiling. 16yrs in and it only seems to be getting better.
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Working at Phillips Law Group has been a blessing from the beginning for me and I am extremely thankful to work for a firm that values their employees so much. Here I believe we are a huge family of hard working people that can bring a sense of comfort to our client’s lives in times of hardships, stress and chaos. From intake to Settlement we strive to provide the best customer care to all of our wonderful clients. With a 4.8 rating and over 1100+ star reviews on Google no surprise our firm is extremely well known for the quality of work we do!! #teamPLG!!
I enjoy my work day here at Phillips Law Group and generally speaking I love my clients. Every day brings a new client or task to keep me on my toes. Administration keeps open communication and is hilarious most of the time! I love the way we celebrate FRIDAY, holidays and birthdays and how everything is so competitive. All in all I’m so fortunate to be here and I enjoy what I do.
Jasmine helped me so so much I want to thank her ! And also Aaron , i was always scared after an accident , knowing I would have to deal with lawyers but not here . Luckily I’ve only been in 3 accidents but this time it was fast and easy . And i received all the treatments I needed to help me recover ! Thank you Jasmine and Aaron!
Liz Gonzales was great!!!!
Phillips law group is a great firm! Caroline is great.
Phillips Law Group has a proven track record of success. Juan Roque, in particular, is integral to that. He works with integrity, compassion, and an undefeated optimism that makes him a valuable asset.
The lawyers here are of top quality. Especially Trey Dayes, who was always respectful and hard-working.
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!