Seeking Personal Injury Compensation on Behalf of Children

Brian News

Children cannot represent themselves in any legal matter, unless specifically noted by a ruling judge. This abnormal circumstance is essentially only used in family law when a judge wants to get an opinion directly from a child in a child custody case. As far as personal injury claims, though, there is simply no option for a child to file a claim.

When a child is injured, it is therefore up to their parents or guardians to file the claim for them. Dutiful parents will seek the assistance of a lawyer, help gather evidence of the accident, ensure their child gets all the necessary medical care, and so forth, all acting on the child’s behalf. Since the child is a dependent of their parents, any sort of compensation the child injury case accomplishes will go to the parents, as if they were the ones injured in the first place. Most personal injury cases get settlements to pay for medical costs, which will assumedly be paid by the parents, anyway.

Hold Onto Defective Products & Toys

Many child injuries are caused by defective products, dangerous toys, and failing safety equipment. In such product liability cases, it is crucial for parents to keep and preserve the hazardous item, whatever it may be. As a responsible parent, your first instinct may be to throw the toy away and ensure it does not hurt your child again. But in this case, store it somewhere safe. Your child injury attorney will want to examine it to see how it can be used as evidence for your consequent claim.

You may be contacted by the product’s manufacturer to return the item for a recall. Once again, resist the natural urge to comply and notify them that you will be holding onto it until the case concludes, or instructed to return it by a court order. If you are not comfortable with interacting with the product manufacturer, get an injury lawyer to do it for you. This is highly recommended since you might inadvertently say the wrong thing to the manufacturer and increase your child’s liability in the case.

Need to file an injury claim in Kentucky on behalf of your child? You can depend on Bahe Cook Cantley & Nefzger PLC and our Louisville personal injury attorneys for all the professional guidance and advocacy you need. We offer free initial consultations to inquiring parties and take real pride in being able to defend the wrongfully injured, especially children who deserve better. Contact our firm to begin your case.