If your child has suffered an injury because of another individual’s
recklessness, you are entitled to compensation for medical treatment and
other expenses related to their injury. However, it’s important
to know that your child’s injury case is not the same as an adult
personal injury claim. In this blog, we explain how to recover compensation for your child’s injury.
Can My Child File Their Own Injury Claim?
If your child is under the age of 18, they cannot file an injury claim.
A parent or guardian will need to file the injury claim in the child’s
name. The benefit of this regulation is that you will have the right to
compensation for expenses you paid on behalf of your child. However, some
states require parents to get pre-approval from the court before filing
a child injury claim. An experienced attorney can inform you about your
state’s laws regarding
child injury claims.
Does Trespassing Affect My Claim?
If an adult got injured on property that they did not have permission to
be on, it would be unlikely that they would be able to recover damages.
However, in the case of children, if a property owner knew of a potentially
dangerous condition, and also knew that there was a risk of children trespassing,
you can possibly receive compensation for injuries sustained on their property.
Does My Child’s Age Affect My Claim?
Children aren’t held to the same standard as adults. This is because
their brains have not finished developing and they do not have the same
mental capacity as an adult. To determine negligence, it must be asked:
“How would a child of their age reasonably be expected to behave?”
Additionally, children under the age of 6 cannot be found partially negligent
for their actions.
Have more questions about child injury claims? Contact our Charlottesville team of attorneys
to learn how we can assist with your case.