Every parent wants to protect their children from being harmed in any way they can, so learning your child has been injured in an accident caused by another adult’s negligence can be a frustrating and frightening experience. In a situation like this, though, it is important to be as calm and proactive as possible for your child’s sake and to understand and effectively enforce your right to seek civil restitution on their behalf.
Personal injury claims involving injuries sustained by minor children work differently from other types of injury cases in numerous ways, and they can be difficult to win without the support of a seasoned attorney. Fortunately, a Tolleson child injury lawyer and the rest of the dedicated legal team at Phillips Law Group can provide the help your family needs.
Generally speaking, proving that someone was legally negligent and caused a minor child to suffer an injury as a direct result works the same way as it would in a claim filed by an adult over their own injury. That said, there are some scenarios where an adult may be liable for a child’s injury when they would not be liable for an adult’s injury — for instance, if a minor child gets hurt while trespassing on private property because they were curious about an unsecured “attractive nuisance” such as a swimming pool.
Furthermore, Arizona law places unique restrictions on adults filing suit on behalf of an injured child over whom they have legal custody in order to ensure that money recovered on that child’s behalf is used solely for the child’s benefit. Most notably, the law requires a court to approve any settlement valued at $10,000 or more negotiated on a minor child’s behalf, and court approval may be necessary even for smaller settlements in some situations. A child injury lawyer in Tolleson can help a family navigate these details and ensure they are aware of their rights and responsibilities to achieve the best-case outcome possible.
Children can get hurt in many of the same ways as adults. Some of the most common causes of injuries our Tolleson child attorneys file claims for include:
Additionally, childhood injuries can also happen in scenarios that are unique to younger people, like school bus accidents, playground accidents, and negligent supervision at daycare centers or schools.
Another unique aspect of child injury claims worth discussing is the change in the applicable “statute of limitations.” Adults filing a personal injury claim on their own behalf generally have two years at most after initially sustaining harm to begin the legal process, as do adults filing suit on an injured child’s behalf. However, if no adult sues on an injured minor’s behalf, that minor may have up to two years after turning 18 to file suit in their own name, regardless of when their injury occurred.
Either way, though, it is important to account for and estimate a fair value for expected future losses associated with a child injury in Tolleson, as well as losses that have already occurred by the time of filing. A knowledgeable lawyer can play a key role in determining how much money should be demanded for things like future medical bills, lost working capacity, and pain and suffering.
Children are particularly vulnerable to sustaining permanent and debilitating harm from traumatic accidents, which means child injuries often result in especially severe damages compared to adults injured in the same way. As a parent or guardian of an injured minor child, it may fall to you to demand restitution for losses on your child’s behalf, which can be a stressful and legally complex endeavor under any circumstances.
Put simply, this type of claim has high stakes and an especially high number of obstacles to fair financial recovery, and it is not something you want to try handling without the help of a Tolleson child injury lawyer from Phillips Law Group. Call today to schedule your free, no-obligation consultation with a member of our team. We have been proudly serving the local area for over 30 years and are confident we can give your family the guidance you need.
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