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Every parent’s first priority is the wellbeing of their children, but that unfortunately does not mean you can always protect them from the irresponsible actions of less considerate adults. If your child was recently injured in an accident caused by someone else’s negligence, you may be able to take legal action and demand compensation on their behalf for every form of harm that accident produced.
Before pursuing a complex and high-stakes claim like this, you should strongly consider retaining a personal injury attorney experienced with handling similar cases in the past. With a Gary child injury lawyer, you could more effectively establish fault for your child’s injuries and recover fair financial restitution for all their losses.
Typically, when one person injures another person by acting in a reckless or careless way contrary to a “duty of care,” the injured person is the only one with legal standing to file suit against the irresponsible person and demand civil compensation. However, children under 18 are not considered capable of representing themselves in court proceedings. If a negligent person ends up injuring a minor child from their misconduct, the right to file suit over that injury would fall to that child’s parent(s) or guardian(s).
A parent or guardian pursuing a personal injury claim on behalf of their child can recover for every form of harm that child has already suffered and will likely suffer in the future, including:
Importantly, there are numerous rules and restrictions established under Indiana state law that explain:
A Gary child injury attorney could explain all these rules in detail during a confidential consultation.
Another unique aspect of child injury claims in Indiana is how the “statute of limitations” works. Usually, people intending to sue over personal injuries have two years under Indiana Code § 34-11-2-4—starting from when the injury initially occurred—to do so. This is the deadline which generally applies to parents and guardians suing on behalf of injured minor children.
However, IN Code § 34-11-6-1 allows the start of this filing period to be “tolled”—or delayed—until someone with “legal” disabilities is no longer disabled. In other words, if no one files suit on their behalf, a child who suffers an injury in Gary can retain a lawyer and file suit on their own behalf within two years following their 18th birthday. Age 18 is when someone is allowed to represent themselves in court.
This is just a brief overview of how Indiana courts approach personal injury lawsuits built around injuries to minor children. If you want comprehensive guidance on how best to approach your specific situation, your best option is to schedule a conversation with a qualified legal professional from McCready Law.
You and your child have rights that you may need to actively enforce if you want to protect your family’s best interests after a serious accident. Call today to learn how a Gary child injury lawyer could represent you.