Kids suffer injuries from time to time. It's just a part of life. However, serious injuries can have a lifelong effect that causes problems as your child grows into an adult. And if someone else's negligence led to your child's injuries, they might be entitled to compensation.
An adult who sustains injuries in an accident may be entitled to compensation by filing a personal injury lawsuit. Since a minor cannot exercise this option on their own, parents or guardians can help in these situations. Review some of the details about how a minor's personal injury case is handled in New Jersey in the following blog.
Contact our New Jersey personal injury attorneys at Brandon J. Broderick if your child has been hurt in an accident to find out your legal options and how we can help you through the entire legal process.
Overview of Accidents With Minors
A parent may want to bring a personal injury claim for injuries sustained by a minor. Some of the most common accidents a child may sustain injury include:
Parents must file on their behalf because minors are unable to file a claim or be sued. If the minor is orphaned, the court may be petitioned to appoint a guardian ad litem who will be in charge of the case.
Children may also be held accountable for their own irresponsibility if it results in someone else getting hurt. If a minor is younger than seven years old, they probably won't be held liable for negligence. The opposite party may hold a minor liable for an injury if they are thought to be more capable than others their age. The opposing party will make the claim that your child was competent and experienced enough to know what he or she was doing.
Parents are also impacted by a claim that a kid was negligent. If a child was at fault for a car accident, the plaintiff can claim that the child's parents were equally at fault, even if they weren't in the car at the time. The parent's decision to let the child operate the vehicle was negligent, according to the lawsuit.
Statute Of Limitations in a Minor's Personal Injury Case
The statute of limitations in a minor's personal injury case is much different from the standard case in Jersey. In a minor's case, the statute of limitations time limit doesn't start right away. Instead, the child's 18th birthday marks the start of the statute of limitations. Personal injury claims must typically be filed within two years of this date.
How Does A Minor's Compensation Work?
A settlement agreement is usually how a minor's personal injury case is resolved. A Superior Court judge must hear the case in order to decide whether to accept a settlement. The judge has to determine whether or not the child's best interests are being upheld.
For the settlement to be approved, the parent or guardian ad litem must inform the judge that the terms are in the best interests of the minor. Before approving the settlement, the judge will consult with the minor and look over any pertinent medical documents. Parents or legal guardians of the minor must also attest to their comprehension of the terms and consent to the settlement.
Children cannot receive a settlement from a personal injury claim until they reach the age of adulthood, which is 18, thus the parent or guardian ad litem must also authorize how the settlement money will be saved until the child becomes 18. For instance, settlement money may be used to buy an annuity, an insurance policy that pays out at various intervals after the child reaches the age of 18, or it could be retained by the state.
Have Questions About a Minor's Personal Injury Options? Get Advice From Our Experienced NJ Personal Injury Attorneys
If another person's negligence caused an injury to your child, they may be entitled to compensation for damages. The personal injury attorneys at Brandon J. Broderick have more than a decade of experience in handling personal injury cases of all types in New Jersey. Let us evaluate your claim and strive to win the highest award possible for your child.
Set an appointment for a free consultation right now to find out what legal options might be available to your family.