Submitting Personal Injury Claims on Behalf of Children

We are all well aware that occasionally getting hurt is regular part of childhood. Scrapes, cuts, broken bones, and other injuries often result from playing outside or participating in sports. What should not happen to your child, however, are injuries sustained due to the carelessness of an adult. If your child is under age 18 and has been injured, you have a right as a parent to submit a personal injury claim on their behalf.

You may be able to seek compensatory damages for injuries resulting from:

Exactly like adults, children have a right to recover compensatory damages for any injuries your child should receive in the event of an accident. Additionally, you have the right as a parent to recover compensation for any medical expenses you should incur as a result of your child's injury. Since young children lack the capacity to negotiate their own claim, parents are given the legal permission to file and advocate for them.

Parents are usually able to negotiate settlements on behalf of their children without the need for court approval, unless the settlement grosses more than $15,000 dollars. If more than this amount is awarded, court approval is required to finalize the settlement.

Special Considerations for Children

Children are given a few special privileges under the law in regards to personal injury cases. An example of this would an exemption from trespassing laws. Children have less of an awareness of their surroundings and a generally insatiable curiosity, regularly wandering off to explore new areas. Since this is the case, property owners are generally held liable for injuries that happen to children on their property, regardless of whether or not they had been trespassing at the time. Children under the age of 6 cannot be found negligent in any capacity.

What is a Guardian Ad Litem?

In cases where the proposed settlement is quite large, the court may appoint what is known as a "Guardian Ad Litem," or someone who is entrusted to act in the child's best interests and has no personal stake in the outcome of the lawsuit. Typically, a Guardian Ad Litem will be appointed if the settlement is expected to exceed $50,000, though the court has discretion on this matter if the settlement is less than this amount but more than $15,000. This representative will make recommendations to the court on the child's behalf, influencing the approval of the proposed settlement.

Call Weinstein & Scharf, P.A. Today at (954) 482-4534

If your child has suffered a preventable injury due to someone else's negligence, a Coral Springs personal injury lawyer from Weinstein & Scharf, P.A. can help you seek justice on their behalf. Having more than 65 years of combined legal experience, our attorneys have the skills and determination you need to improve your chances of securing a fair settlement.

Protect your child's rights by requesting a free consultation or by contacting us online today!

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