No parent wants to imagine their child getting hurt because of another adult’s reckless or careless conduct. Unfortunately, this situation plays out every day across Pennsylvania. In these scenarios, you and your family have legal rights to hold the wrongdoer accountable and pursue the compensation you need to support your child.
Although child injury cases can be legally and emotionally complex, help is available from the seasoned personal injury attorneys at Ostroff Godshall Injury and Accident Lawyers. We know how to fight for families in these situations; in one local case, we obtained a $3.5 million pre-trial settlement for a child who was struck by a drunk driver while riding her bike near her home. Let our Hershey child injury lawyers handle your lawsuit or settlement proposal and support your family throughout the legal process.
Can a Parent or Guardian Sue Over their Child’s Injury?
Because kids can’t legally represent themselves in Pennsylvania court, a parent or guardian must take legal action on behalf of any child who gets hurt in a negligence-related accident. Generally, the same rules as any other personal injury case will apply. However, there are a few important exceptions that a Hershey child injury lawyer can further explain during a private consultation.
Property Accident Cases Involving Children
For one, there are some situations where an adult might be civilly liable for a child’s injury when they wouldn’t be liable for an adult’s injury. For example, landowners in Pennsylvania usually aren’t liable for accidental injuries suffered by people trespassing on their land, but they can be liable for injuries to trespassing children who were drawn onto their land by an “attractive nuisance” like a swimming pool.
Accepting a Settlement for a Minor
Additionally, a parent or guardian filing a personal injury claim on a child’s behalf can’t accept a settlement without getting approval from a judge. Any funds recovered for an injured child through this type of case must be held in a separate bank account. These funds are subject to strict rules about how they can be spent until the child turns 18.
Damages in Hershey Child Injury Cases
The same two-year filing period that applies to typical personal injury claims also applies to child injury claims filed by a parent or guardian. For claims brought by the minor directly, the statute of limitations does not begin to toll against a minor until their 18th birthday, but contact an attorney to make sure you do not miss any important deadlines that impact your ability to recover for your child’s injury. If you want to ensure your child gets paid fairly for the full value of their losses, you and your local attorney must estimate the value of future losses their injury will likely cause, including:
- Physical pain and suffering
- Future medical bills
- Emotional trauma
- Lost ability to work and/or lost work wages
- Loss of life’s pleasures
At Ostroff Godshall Injury and Accident Lawyers, our Hershey lawyers can explain what damages you may be able to pursue in your child injury case during a consultation.
Contact a Hershey Child Injury Attorney for Help
Filing a lawsuit on behalf of your injured child is a complex and stressful experience. Help from a well-known legal professional can be essential to maximize your recovery while minimizing the stress on your family.
Contact a Hershey child injury lawyer to get the legal support and guidance you need during this difficult time. The Ostroff Godshall Injury and Accident Lawyers team is prepared to fight for your family’s best interests at no cost until we recover the payments you deserve. Call us today to get started.