As a parent, there is nothing more devastating than learning that your child has suffered a serious injury. Injuries to children can have a lifelong impact on a developing child. Often, injuries to children occur as a result of someone’s negligence – whether it be a driver, child care provider, property owner or pet owner. If your child suffered serious injuries, a personal injury lawsuit can help hold the responsible party accountable and secure the financial resources you need to cover medical expenses and long-term care. Our New Orleans child injury attorneys can help; call today for a free and no obligation case evaluation.
Personal injury cases often have very strict statutes of limitations, meaning that fast action is necessary for a successful claim. In Louisiana, the statute of limitations for personal injury cases is one year. However, that limit does not apply to cases involving children. You have a longer time to file your child injury claim, but you should still take timely action to help your case succeed.
Negligence lawsuits often involve a reasonable person standard of care, meaning that the parties involved should act as reasonable individuals would.
However, child cases involve the reasonable child standard. This means the child’s behavior is evaluated against how a child of the same age, intelligence, experience, and maturity would have acted in the circumstances. The court may switch to an adult standard of care if the child was engaging in an adult activity, such as driving an ATV by themselves.
While child injuries can occur due to the negligence of caretakers while watching over children, caretakers are not the only ones immediately responsible for child injuries. An attractive nuisance refers to anything interesting enough to entice a child onto someone else’s property. Common examples include:
If a child enters a property due to an attractive nuisance and suffers an injury, then the property owner is liable for the accident. This applies even if the child was not on the property with permission.
Those with attractive nuisances on their property should take steps to prevent injury to help reduce liability. State and local laws often provide regulations for managing attractive nuisances, while insurance companies can also provide guidelines for preventing injury.
Not all damage awards go to the child. When compensation is for medical payments, parents and guardians may often receive the monetary award as the ones who paid bills. Other awards go to the child, though he or she may not receive any money until he or she has turned eighteen.
Parents and guardians may also stand in as the injured child’s legal guardian. When the court appoints one as such, that individual is taking legal responsibility for the welfare of the child, as the child may not be able to make his or her own legal decisions. Guardianship is a thoroughly documented procedure, and there are legal sources available to assist with the process.
If your child has suffered injury due to another’s negligence, you may be eligible for compensation. The laws surrounding child injury cases differ from those for adults, and courts consider different standards of care in such cases.
The New Orleans child injury lawyers at the Law Office of John W. Redmann, L.L.C. understand these laws, just as well as we understand how stressful and emotional an injury to a child can be, both for the children and the guardians. We’re here to help guide you through the legal process, all the way from a free consultation to arguing your case in court.