Anyone can end up seriously injured by no fault of their own in an accident caused entirely by another person’s misconduct. Minor children are, unfortunately, especially likely to sustain long-lasting and potentially life-altering harm in these situations. An injury which an adult might be able to recover fully from can have permanently debilitating effects on a young child. Even some less substantial injuries can leave deep emotional and psychological scars.
If your child has been hurt because an adult failed to act in a responsible way, you likely have legal standing to file suit on your child’s behalf with support from a seasoned personal injury attorney. By working closely with a Porter County child injury lawyer, you could have a far better chance of achieving a positive case result and protecting your child’s long-term best interests than you would have by pursuing a claim alone.
Minor children cannot legally represent themselves in Indiana state courts. The parent(s) or guardian(s) of a child who suffers a negligence-based personal injury can pursue civil compensation on their child’s behalf for any and all damages that the injuries will cause for them. Both past and future losses may be recoverable through a child injury claim, including:
As with most standard personal injury claims, the bulk of child injury cases are built around the theory of negligence. This means establishing fault would require proving that the injury occurred as a direct result of someone else violating a “duty of care.” A Porter County child accident attorney could play a central role in collecting the relevant evidence and using it to build a strong settlement demand or lawsuit.
Parents and guardians have legal standing to file suit on their injured child’s behalf and recover compensation for their child’s injuries and losses. They do not have total authority over how the recovered funds will be used. For example, if a child injury case ends with a private settlement agreement, a court must approve the final settlement offer before it can become legally binding.
Settlement agreements valued at over $10,000 have additional restrictions on them that include the appointment of a guardian ad litem by the court to represent the child’s interests. There are numerous additional rules governing exactly how and when a child’s parent(s) or guardian(s) may use funds recovered through a claim before the child turns 18. A child injury lawyer in Porter County could explain this, and other applicable rules, in more detail during a private consultation.
An injury to a child can be devastating event that affects the entire family. Fortunately, you may have legal standing to file suit on your child’s behalf and demand compensation from the person responsible. That could be a reckless truck driver, a negligent property manager, or the owner of a dangerous dog, among others.