No parent ever wants to be put in a situation where they have to help their child through a serious injury caused solely by another adult’s reckless or careless misconduct. Unfortunately, though, this exact scenario plays out across the Garden State more often than anyone would like to believe, and if your family is dealing with an injury to your minor child right now, it may fall to you to demand financial restitution for their damages on their behalf.
Child injury lawsuits can be complicated on both legal and personal levels, and help from a compassionate personal injury attorney can make a world of difference in how efficiently you can proceed through the litigation process. With a Piscataway child injury lawyer from Fredson Statmore Bitterman, LLC on your side, you will have the best possible chances of securing a favorable case result and getting the compensation that you and your loved ones need.
Are There Special Rules for Child Injury Lawsuits?
Broadly speaking, child injury claims are based on the same principle of legal “negligence” as any personal injury claim an adult pursues on their own behalf, meaning that civil liability for damages will revolve around whether someone directly caused someone else’s injury through a specific reckless, careless, or illegal act. Notably, though, since minor children cannot represent themselves in civil court cases or in any other legal proceedings, their parent(s) or guardian(s) must file suit in their name in order for them to get financial restitution for an injury.
In order to ensure that the money obtained on a minor child’s behalf actually goes to that child’s needs, New Jersey state law requires court approval before any settlement agreement for an amount over $5,000 can be made during a child injury claim. Similarly, the parent(s) or guardian(s) who take possession of that money until the injured child turns 18 typically must keep the funds in an annuity, place them in the care of the County surrogate, or take other precautions to separate the money from their own personal assets, as a Piscataway child injury attorney can explain in more detail.
Unique Filing Deadlines for Child Injury Litigation
Another unique element of child injury lawsuits in New Jersey is how the “statute of limitations” works for them. In a typical personal injury claim filed by an injured adult on their own behalf, the “plaintiff” intending to file suit has a maximum of two years after initially sustaining injury to formally start their civil claim, or else they will be “time-barred” from ever seeking compensation for that particular injury.
The same two-year deadline applies to parents and guardians filing suit on an injured minor child’s behalf, but if no such claim begins before the child turns 18, that child would have two years from their 18th birthday in which to file suit on their own behalf. Generally, though, it is best to contact a skilled lawyer and start a claim over a child injury in Piscataway as soon as possible after it initially occurs.
A Piscataway Child Injury Attorney Can Help
Ideally, every adult would be careful to act responsibly around fellow adults and would be especially considerate around small children. In reality, though, negligent people cause serious and even life-altering accidents to kids every single day, and they can and should be held civilly liable for the harm those injuries will lead to.
A conversation with a Piscataway child injury lawyer from Fredson Statmore Bitterman, LLC could give you answers to pressing questions and confidence about the steps you should take to protect your child’s best interests. Call today to schedule a free consultation.
