When a person is injured due to someone else’s negligence – be it an accident case, a defective product case, or medical malpractice, it becomes a case of personal injury. And child personal injury cases are more complex as a minor can’t fight their case on their own or file a lawsuit.
Many times newborn babies suffer due to misuse of vacuum pumps or other medical equipment that are used at the time of pregnancy. Hence, it is imperative for parents to know how to deal with such situations.
In such cases, a person or a team is legally responsible for the injuries. If your child has suffered severe injuries which cost you a heavy amount of money, you can apply for a monetary claim from the defendant’s party. But for that, you will have to prove that the other party is at fault. Here we have discussed the steps you need to get your child’s personal injury claim.
Hire a Personal Injury Lawyer
Any personal injury case can get complex, but there are unique challenges with seeking a claim on behalf of a minor. Since a child case can be tricky and requires careful legal attention, parents should reach out to a personal injury attorney for help.
A lawyer is the best person to help you evaluate your child’s case and see if you are eligible for compensation. Moreover, personal injury cases always get difficult when it’s about calculating the estimated claim and convincing the defendant party.
A lawyer can help judge both sides, evaluate the child’s injuries and their long-term effects, and quote a genuine claim which is backed by facts and evidence.
Prove that the Other Party Is at Fault
Most child injury cases are due to the other party’s negligence, yet sometimes it can be grueling for the parents to prove the negligence. Moreover, you need to prove that the defendant owed a duty to your child and bring evidence to demonstrate that they failed to comply with their duty. Again, here your lawyer will help represent the evidence on your behalf.
Depending on your particular case, you also need to identify what kind of duty the other party owed to your child. For instance, if your child suffered due to medical malpractice, you need to prove that the healthcare providers didn’t act with reasonable care while attending to the child or failed to comply with their duties.
Speaking from the legal perspective, the child’s representative must prove the following terms in order to hold the other party liable:
- Duty of Care: The defendant had a duty of care to not harm the child in the given condition.
- Breach of Duty: The defendant breached their duty by doing something wrong, which a reasonable person should not have done in the same situation.
- Causation: The defendant’s breach of duty and care is what caused injuries to the child.
- Damages: You have medical bills and records to prove your child’s injuries.
Understand the Limitations of Your Case
Depending on the state you’re filing the case in, there will be certain limitations related to your child injury case. There are different statutes for different claim requests in different states, which an injury lawyer can help you guide about.
For instance, the statute of limitations for child injury cases in Florida is usually four years from the injury date, whereas, in Oakland, the child’s representative gets only two years after the accident to file the claim. Because child injury cases are more complex, complying carefully with the statute of limitations is imperative. Any misguidance in such cases can result in the dismissal of the lawsuit.
File a Claim Representing Your Child
Since an injured child cannot fight for their claim on their own, parents or legal guardians have the right to apply for the claim as their legal representative. In many states, they are known as the ‘next friend’ who is appointed by the court to protect the rights of the minor.
A next friend could be one parent, both the parents, a legal guardian, or a court-appointed lawyer. Moreover, depending on your local laws, you might also need to take the court’s approval to deem you as your child’s legal representative.
Once these claims are settled, and the victim gets the reimbursement, the fund can be secured as a trust for the child and can be used for their higher education. The amount of the claim will depend on the extent of damages suffered by the victim.
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