If your child has been injured, you may have a right to sue. There are a few things to know if you’re wondering if you can file a child injury lawsuit. Our lawyers at the Massey Law Firm are here for you. If you have any questions at all, call us today to get a free review of your case.
Should You File a Lawsuit for Child Injury?
According to AllLaw, “personal injury law assumes that children do not have the same well-formed judgment as adults do, and has fashioned special rules for compensation and liability in accidents involving children.”
Accidents often happen, but when they are because of someone’s carelessness or negligence you could have grounds to file a lawsuit. This process will look different depending on where you live, but there are some general commonalities you can expect.
For instance, a child has a right to compensation for the same damages an adult could receive from a filed personal injury claim. This includes:
- Payment for pain and suffering
- Permanent injury
- Emotional distress
- Medical bills
Can I Sue A Minor For Injury?
Yes, but injury inflicted by a minor can look a few different ways. The law treats different age groups differently when deciding whether a minor is liable for causing injuries to another person.
For instance, children seven years old and under are usually not held liable for accidental injuries. Therefore, the parents or legal guardians might be held liable for their failure in supervision. Once a child is old enough to know right from wrong, the child can be held liable for intentional injuries he or she causes.
Young teens are often treated or viewed the same as adults like when driving a car, a minor is held to exactly the same standards as adults. Accidents caused by minors are usually covered by insurance.
Can I Sue If My Child Gets Hurt at School?
A school can also be held liable, so you could sue in such a case. Schools have a duty to care for and protect your child,. If they fail to do so and their neglect results in injury to your child, you may want to file an injury claim and get compensation.
A “negligent” school system is usually liable for the injured child’s damages such as medical costs/expenses and pain and suffering. More serious or permanent injuries may also seek loss of future wages and future medical expenses.
If you’re seeking to settle with a school due to injury to your child, be sure to act fast and talk to one of our lawyers today because there may be a deadline to filing a claim.
Can You Sue Someone for Hitting Your Child?
If a school employee hits your child, it can be tricky to sue. There is something called in loco parentis. This means a teacher takes over the responsibility and duties of a student’s parents while they are at school. A failure in this isn’t always clearly accepted as negligence.
If your child was hit outside of school, you can still consider suing. Parents and legal guardians are allowed to negotiate on behalf of their children.
What Is a Reasonable Settlement for Pain and Suffering?
In general, the person liable for the injury or their insurance company is responsible for reimbursing the injured party for all expenses related to their injury and compensating the injured party for any pain, suffering, or emotional damage they experienced due to the injury. This amount can vary from case to case.
It is not always clear-cut as to how the settlement amount for pain and suffering is reached either. There is no one formula that companies use and there are many factors to be considered when determining the amount you are owed.
If you are considering a lawsuit as a parent or legal guardian of a child who has been injured, there is no need to wait any longer. Call our experts today to review your case for free at 602-955-0055.
– Massey Law Firm, your Scottsdale Child Injury Lawyers
Tags: Child Injury