No parent wants to think about their child getting hurt in an accident, especially a preventable incident caused by someone else’s careless or reckless behavior. Unfortunately, this scenario happens all too frequently.
The individual or company that caused your child’s injury may have insurance available to cover medical expenses, lost future income, and pain and suffering. To adequately protect your child’s future, you will need guidance from an experienced legal advocate. Your family does not have to take on the recovery process alone. With representation from a winning Quakertown child injury lawyer at Ostroff Injury Law, you’ll have the best chances of success with your claim.
Founding Partner Jon Ostroff and the rest of our legal team at Ostroff Injury Law have a long track record of success in these cases. In Montgomery County, we obtained a $3.5 million settlement for a child who suffered fractures and a mild brain injury after being hit by a drunk driver while she was riding her bike. We are here to help your family secure the resources you need to move forward with your lives.
Can You Sue on Your Child’s Behalf After an Accident?
In Pennsylvania, minors (individuals under 18 years old) aren’t allowed to represent themselves in court. This means they can’t file civil lawsuits against people who injure them by acting negligently. Instead, someone—usually one or both parents—will have to act as the minor’s “guardian.” This means filing the lawsuit on the child’s behalf, representing them in court, and making decisions based on what would be in their best interests.
Differences between Claims for Minors vs. Adults in Quakertown
There are different filing time limits for child injury cases, as your local attorney can explain. Typically, someone who gets hurt in an accident has two years after the accident to start a lawsuit. However, if the victim was a minor, that two-year filing period doesn’t begin until the minor turns 18, at which point they can file a lawsuit on their own behalf.
In some circumstances, the law recognizes children as more vulnerable and susceptible to injury than adults. The most common example of this is the “attractive nuisance” rule. This allows courts to hold landowners liable for injuries that kids suffer while trespassing on their property if the landowner didn’t do enough to secure potential “attractive” dangers, like swimming pools or trampolines. Our skilled lawyers in Quakertown can further explain these nuances and how they may affect your child injury claim.
Damages for Childhood Accident Claims
A parent or guardian suing on their child’s behalf can demand payment for all the same losses as if they were suing for their own injuries, including:
- Pain and suffering
- Past and future medical bills
- Lost future working ability
- Loss of life’s pleasures
- Emotional/psychological damage
If you agree to a settlement on your child’s behalf, you may be legally required to get a court’s approval and follow other rules restricting how you can manage and use the money. The experienced Quakertown attorneys at Ostroff Injury Law will review all the regulations that might affect your child’s injury case during a private initial meeting.
Contact a Seasoned Quakertown Child Injury Attorney
Accidents involving children can be especially devastating for everyone involved, especially if a loved one ends up severely hurt. In a situation like this, taking legal action might be essential to improve your child’s long-term quality of life.
Let a Quakertown child injury lawyer at our firm answer your questions and guide you through this difficult time. Call Ostroff Injury Law today to discuss your options.