Personal injury cases are inherently complex, but when a child is the victim, the legal landscape becomes even more intricate. Children are particularly vulnerable, and their injuries can have long-lasting impacts on their physical and emotional well-being. Here are some special considerations to keep in mind when handling personal injury cases involving children.
Legal Standards and Protections
- Different Legal Standards
- Duty of Care: The standard of care owed to children is often higher than that owed to adults. For example, property owners may need extra precautions to protect children from hazards.
- Attractive Nuisance Doctrine: This legal principle holds property owners liable for injuries to children who were attracted to dangerous conditions on their property (e.g., swimming pools, trampolines).
- Parental and Guardian Roles
- Legal Guardianship: A child cannot file a lawsuit on their own. A parent or legal guardian must act on their behalf as a “next friend” or “guardian ad litem.”
- Parental Responsibility: Parents or guardians are responsible for making decisions about the case, including settlement decisions.
- Statute of Limitations
- Extended Time Frames: The statute of limitations for personal injury claims involving children is extended in many jurisdictions. The time limit for filing a claim typically starts when the child turns 18.
- Tolling Provisions: The statute of limitations may be “tolled” (paused) until the child reaches adulthood, providing more time to file a lawsuit.
Compensation and Damages
Economic and Non-Economic Damages
- Medical Expenses: Compensation should cover past and future medical expenses, including specialized pediatric care and long-term treatment.
- Pain and Suffering: Children may be entitled to compensation for pain and suffering, considering the trauma and emotional distress caused by the injury.
Future Damages
- Educational Impact: Injuries can affect a child’s ability to perform in school and future educational opportunities.
- Loss of Earning Capacity: Severe injuries might impact the child’s ability to work in the future, and this potential loss of income should be factored into the compensation.
Structured Settlements
- Trusts and Annuities: Courts often require that large settlements for minors be placed in trusts or structured settlements to ensure the funds are used for the child’s benefit.
- Periodic Payments: Structured settlements can provide periodic payments over time, ensuring the child has financial support for future needs.
Special Considerations in Litigation
Court Approval
- Settlement Approval: Any settlement reached on behalf of a child must be approved by the court to ensure it is in the child’s best interest.
- Fairness Hearings: Courts hold hearings to review the terms of the settlement and ensure that the child’s rights are protected.
Privacy Concerns
- Protecting Identity: Courts may take steps to protect the child’s identity and personal information during litigation to prevent undue stress and privacy invasion.
- Confidential Settlements: Settlements involving children may be kept confidential to safeguard the child’s privacy.
Long-Term Monitoring
- Ongoing Medical Care: Children may require long-term medical monitoring and care, and settlement agreements should account for these future needs.
- Adjusting Awards: In some cases, settlements can be adjusted if the child’s condition changes significantly over time.
Handling personal injury cases involving children requires careful consideration of their unique needs and legal protections. From extended statutes of limitations to the necessity for court-approved settlements, these cases demand a specialized approach to ensure that the child’s future is secure. If your child has been injured, consulting with a personal injury lawyer experienced in handling cases involving minors is crucial to navigating the complexities and securing the best possible outcome for your child’s well-being and future.
