Children who are injured in an accident or through the negligence of others deserve to have their medical bills and other expenses taken care of by the insurance company or negligent party. On the other hand, children cannot bring a lawsuit against another party until they are of legal age, usually 18 years old. Who can bring the legal action against the other party when the injured party is younger than 18?
Common Types of Injuries Where Children Deserve Compensation
Birth injuries, accidents and pharmaceutical errors are just a few of the types of injuries in which a child may need to bring a personal injury claim against another party. An injury that causes a child serious issues going through life should be compensated. Getting your child’s medical and living expenses covered after an injury can be overwhelming, but the child deserves it.
Bringing Legal Action
In most cases, it is the parent or guardian who must bring the legal action against the negligent party. It is a good idea to discuss the claim with a personal injury lawyer who can help navigate the process to get the best outcome. In some cases, parents themselves may have a claim for lost wages to take care of the child, but the claim of the child must come through the guardian.
Understanding Statute of Limitations
Parents have to bring the claim to the other party within a certain time frame, called the statute of limitations. In most cases, this time frame is around two years from the date of the accident. However, there are many exceptions to the law. In some cases, the timeline doesn’t start on the date of injury, but on the date when the injury was discovered.
The statute of limitations gets more complicated when parents don’t file a timely claim. Parents might be so focused on the child’s recovery that they don’t bring a claim within the time limit. In many states, children themselves can bring a claim against a third party when the child reaches their 18th birthday. Many times, the statute of limitations starts over on the child’s 18th birthday, giving the child time to bring a claim against the other party.Claims against minor children can be very complex. It’s a good idea to discuss your claim with a personal injury lawyer in Rapid City, SD, like from The Law Office of Clayborne, Loos & Sabers, LLP, to help you protect the child’s claim now and in the future.
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