3 Considerations a Personal Injury Attorney in Vernon, CT Makes When Handling a Case Involving a Minor

by | May 10, 2017 | Lawyers

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Litigating a personal injury case is never easy, and it becomes more stressful when a young child is involved. The helplessness and distress a parent goes through when a child is injured because of someone else’s negligence are understandable, but a Personal Injury Attorney in Vernon CT can help parents seek a fair amount of compensation. While personal injury suits for children are similar to those for adults, there are a few important differences, which will be discussed below.

The Statute of Limitations is Different for Children

The statute of limitations is the time a person has after an event to file a personal injury claim. For cases involving adults, the statute of limitations is typically two years from the date of the injury or its discovery. However, in cases involving minors, the statute of limitations doesn’t start until the child reaches the age of 18. Parents should file as soon as possible to get compensation for current and future medical expenses as well as other costs.

Children Cannot File Their Own Lawsuits

Minors are not allowed to file personal injury claims because they are considered legally incapacitated. That does not mean, however, that a child has no legal recourse. A parent or legal guardian can sue on a child’s behalf as a guardian ad item. The law stipulates that the guardian should not be involved in the accident that caused the injury and, in cases where the parents and the child are injured, it is best to ask someone else to file on the child’s behalf. A Personal Injury Attorney in Vernon CT can help clients avoid pitfalls when filing a personal injury claim for a child. For more information, click here.

Medical Claims are Paid to the Parents

A child cannot make a claim for accident-related medical expenses, as these are borne by the parents. When the court decrees an award, there’s a separate verdict for medical bills. The child will receive compensation for non-monetary losses such as long-term health effects, mental anguish, and pain and suffering.

The law makes many special provisions to act in an injured minor’s best interests. Consult a lawyer with the office of Kahan Kerensky and Capossela LLP to secure a claim that can help a child overcome the hardships that come with injuries caused by others’ negligence.