I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.
If your child has been injured in an accident, it's normal for you to be concerned for their well-being. It's also normal for you to want to make sure they receive the compensation they're entitled to. Unfortunately, if you're not familiar with personal injury laws, you might not know how to go about seeking damages for your child. Here are three things you need to know about personal injury laws and how they pertain to your child's injuries.
You Can File a Lawsuit on Behalf of Your Child
If your child has been injured as a result of someone else's actions, you have the right to file a lawsuit on behalf of your child. While their age will prevent them from filing for themselves, you can act on their behalf. You'll need to contact a personal injury attorney, who will be able to help you through the process.
Trespassing Laws Are Different for Children
If an adult is injured while trespassing on someone else's property, they may not be able to receive compensation for their injuries. However, that doesn't apply to children, especially if the property owners knew that they had a hazard on their property and did nothing to prevent the accident.
For instance, if your neighbors have a dangerous dog and do nothing to contain the animal, they may be liable if your child goes on their property and is bitten by the dog. The same is true if your child is injured in a swimming pool that is not properly fenced.
Negligence Is Determined by Age
When it comes to your children and personal injury cases, they are not held to the same standard of negligence as adults are. That means that while an adult might know that a particular activity is inherently dangerous, a child will not have the same mental capacity to understand cause and effect.
As a result, when it comes to children, the courts base negligence on the child's age at the time of the accident. This means that if your child goes on someone's property and tries to pet a vicious dog, they will not be considered negligent because they didn't understand the danger they were in.
If your child has been injured in an accident, you need to speak to an attorney as soon as possible. You may be able to seek compensation for their medical bills as well as for their pain and suffering. Consult sites such as http://www.trammellandmills.com for more information.
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