January 4, 2022
Personal Injury Lawyer
Personal injury cases arising from accidents in an event that involve adults most often, what happens if a child is injured or has caused someone injury? This is a great question to ask her personal injury lawyers such as ones available to you from Saavedra Law Firm.
Injuries to Children
Accidents happen in any pair is going to tell you that, however, certain injuries to a child may result in a personal injury claim when someone else’s child is careless or somebody else’s careless in this place apart in an injury the child receives. This could look like a school being liable for injuries to children if the child is injured during the school day in a school teacher’s care.
The procedure to receive compensation for a minor, which in most states means the child is under the age of 18, varies from state to state so you should talk to your personal injury lawyer in your state to ensure that you understand the procedure you are going to go through. In general, a child has the exact same right to compensate for the same spectrum of damages that a personal injury claimant filed by an adult may have.
This means that if your child is injured, they may be eligible to receive payment for pain and suffering, permanent injury or disability, emotional distress and more. Furthermore, a parent has the right to be compensated for the medical bills that were paid on behalf of the child if somebody was legally negligent and led to the child’s injury, which required medical care.
A child does not negotiate a settlement for a personal injury claim, their parent is permitted to negotiate on behalf of the child, or the parent may hire a personal injury lawyer to do so. In a few states, the parent has to get the approval of the judge for the child’s claim can be settled, and this process is usually short and straightforward and involves nothing more than filling out a simple form and filing at the court. However, when you are settling with an insurance company on behalf of the child, the insurance company might put up with it, or they might cause problems. If they cause problems or personal injury lawyers going to be the best person is not true because your personal injury lawyer has experience in going with the insurance company.
Accidents Caused by Children
What happens when a child causes an accident that they are legally liable for? Legal liability for accidents that are caused by minors is based on the same notion of carelessness as an adult may receive after they have caused an accident; however, the same standard of care cannot be expected of a minor. Particularly, young children do not understand the risks of their actions and how it can affect other people in the same way that adults can. So when it comes to a child causing an accident being negligent, the law is going to apply different standards to different age groups to decide if the child is liable for causing injury to another person.
Your personal injury lawyer can tell you more. However, generally children under seven years old are not held liable for accidental injuries that they cause, because they are deemed to be too young to understand. However, the parents or legal guardians may be held liable because they were unable to control their seven-year-old or below child. However, once a child is old enough to know right from wrong, they can be held responsible for intentional injuries that they cause, so if your child intentionally injures somebody else’s child, they can be held liable as well as their parents.
Older children are also held liable for negligence, especially if they did not behave as measured by what children of the same age group would’ve understood, and once children have become teenagers, they are held to pretty much the same standard as adults.