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08 Sep

Personal Injury Claims for Children: A Comprehensive Guide

Introduction

Personal injury cases involving children add an extra layer of complexity and emotional gravity. As a parent or guardian, you undoubtedly want the best possible outcome for your child. At SELPH LAW, we understand the delicate nature of these cases and work diligently to ensure the legal system treats young victims with the care and consideration they deserve. In this blog post, we explore the intricacies of personal injury claims for children.

Children and Personal Injury Law

Under the law, children (defined as individuals under 18 years) lack the legal capacity to file lawsuits. Thus, personal injury claims on behalf of minors must be initiated by a parent, guardian, or designated representative. Here are a few key aspects to consider:

  1. Statute of Limitations: For children, the clock on the statute of limitations (the legal deadline for filing a lawsuit) generally doesn’t start until they reach the age of 18, providing more flexibility in pursuing a claim.
  2. Settlement Approval: Settlements in personal injury cases involving children typically require court approval to ensure the settlement serves the child’s best interests.
  3. Damage Awards: Courts often place the compensation recovered in a personal injury claim involving a minor into a protected account or trust until the child turns 18.

Role of a Guardian ad Litem

In some cases, a court may appoint a guardian ad litem—a neutral party whose job is to represent the child’s best interests throughout the legal process. The guardian ad litem ensures that decisions made about the case, including any potential settlements, align with the child’s welfare.

Understanding Damages in Children’s Personal Injury Cases

Children’s personal injury cases can cover a broad range of damages, some of which are specific to their age and situation:

  1. Medical Expenses: This covers immediate medical costs following the injury, as well as anticipated future medical needs, especially if the child will require long-term care or therapy.
  2. Pain and Suffering: Like adults, children are entitled to compensation for physical pain and emotional distress resulting from their injury.
  3. Loss of Future Earning Capacity: If the child’s injury is so severe that it will likely impact their ability to earn a living in the future, this can be factored into the compensation.

How SELPH LAW Can Help

At SELPH LAW, we take a compassionate and dedicated approach to handling personal injury cases involving children. Our team provides:

  1. Experienced Representation: We bring deep expertise and understanding of the specific nuances related to children’s personal injury cases.
  2. Comprehensive Case Building: We gather evidence, consult with medical experts, and conduct thorough analysis to build a strong case.
  3. Empathetic Guidance: We guide you through each step of the process, providing support and advice in this challenging time.

Conclusion

Personal injury cases involving children require a delicate, knowledgeable approach. At SELPH LAW, we’re committed to protecting the rights and futures of our youngest clients, ensuring they get the justice they deserve.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Always consult with a professional attorney for any legal decisions.

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