Can I Bring a Personal Injury Claim on Behalf of a Child?
Your children are your pride and joy, and you would do anything to keep them safe. Unfortunately, accidents do happen, and despite your best efforts, your child can be seriously injured.
If your child was injured and you believe it was due to someone else’s carelessness, you may be wondering whether you can bring a personal injury claim on behalf of your child. Read on for more information.
You Must File the Claim on Your Child’s Behalf
The answer is yes. In Florida, minors can’t file their own personal injury claims, but a parent or guardian can do it for them. Also, minors aren’t held to the same standards as adults when determining who was responsible for an injury.
For example, if a child trespasses on a neighbor’s property and is hurt, you still may be able to recover damages even though the child wasn’t supposed to be on that property. If the neighbor knew there was a dangerous condition on his or her property and didn’t correct it he or she could still be held responsible if your child was injured as a result.
Negligence Is Determined by Your Child’s Age
For adults, negligence is compared equally to see which party was the most responsible for the accident. With children, negligence is compared differently.
The age of the child is considered because children are not expected to understand certain dangers and can’t be held accountable for mistakes they make while their brains are still developing. Additionally, children under six years old can’t be assigned any negligence whatsoever.
Recovering Damages for a Child
Many parents file a personal injury claim on behalf of their child because they are seeking compensation for extensive medical bills the injury has brought about. In addition to medical bills, you can seek other types of compensation for your child’s injury.
For example, if an injury has left your child with a lifelong disability, you may be able to seek damages for the loss of future earning potential if your child will be unable to work. Here are some other damages you can seek on behalf of your child:
- Pain and suffering
- Mental anguish
Speak with a Personal Injury Attorney from Lavent Law
In Florida, you can bring a personal injury claim on behalf of a child. Your children’s safety is of the utmost importance to you, and when they are injured as a result of another person’s carelessness, they deserve justice.
Your attorney will work to see that your child gets justice and fair compensation for everything he or she has suffered. Contact an attorney at Lavent Law today. You can fill out the form below or call (305) 440-0450 to get started.