When a child is injured due to someone else’s negligence, the legal process can become even more complex. Unlike adults, minors cannot file lawsuits on their own, and settlements must often be approved by the court to ensure their best interests are protected. If your child has been injured because of another party’s negligence, it’s essential to understand your legal options and how to pursue fair compensation.
Understanding Negligence in Cases Involving Minors
Negligence occurs when an individual or entity fails to exercise reasonable care, resulting in injury. When it comes to minors, negligence can take many forms, including:
- Car Accidents: If a child is injured in a vehicle accident caused by a negligent driver.
- School and Daycare Injuries: When a school or daycare fails to provide a safe environment.
- Playground or Park Injuries: Due to defective equipment or lack of proper supervision.
- Medical Malpractice: When a healthcare provider’s negligence harms a child.
- Premises Liability: If a child is injured on someone else’s property due to unsafe conditions.
Who Can File a Personal Injury Claim for a Minor?
Because minors cannot legally file lawsuits on their own, a parent or legal guardian must initiate the claim on their behalf. This ensures that the child’s rights are protected, and any settlement reached is used for their benefit.
Types of Compensation Available for Injured Minors
Children injured due to negligence may be entitled to several types of compensation, including:
- Medical Expenses: Coverage for hospital visits, surgeries, medications, and ongoing therapy.
- Future Medical Costs: If the injury leads to long-term medical needs.
- Pain and Suffering: Compensation for the emotional and physical trauma the child experiences.
- Loss of Quality of Life: If the injury results in permanent disability or lifestyle changes.
- Parental Lost Wages: If parents must take time off work to care for the injured child.
Court Approval for Minor Settlements
In many states, settlements involving minors must be approved by the court to ensure they are fair and in the child’s best interest. The court may require:
- A guardian ad litem (a neutral third party) to review the settlement.
- That funds be placed in a structured settlement or trust account until the child turns 18.
This process prevents misuse of the funds and ensures they are available when the child needs them.
What If a Parent’s Negligence Contributed to the Injury?
In some cases, a parent or guardian’s negligence may play a role in the accident. While this can complicate the case, compensation may still be available if another party also contributed to the injury. Each case is unique, and a personal injury attorney can help determine liability and legal options.
How Dermer Law Can Help with Child Injury Cases
At Dermer Law, we understand the emotional and financial challenges families face when a child is injured due to negligence. Our legal team will work tirelessly to secure the maximum compensation your child deserves.
Why Choose Dermer Law?
- Experienced Attorneys: Led by Jay Dermer and Maxwell Shrem, our team has extensive experience handling personal injury cases involving minors.
- Compassionate Legal Support: We prioritize your family’s well-being and fight for justice on your child’s behalf.
- Maximized Compensation: We ensure that settlements account for both immediate and future medical needs.
- No Upfront Fees: We work on a contingency basis, meaning you don’t pay unless we win your case.
Protect Your Child’s Rights—Call Dermer Law Today
If your child has been injured due to negligence, don’t navigate the legal process alone. Contact Dermer Law for a free consultation to discuss your case. We’re here to help you fight for the justice and compensation your child deserves.
