Kids are among the most vulnerable individuals in the community. As parents, we do everything that we can to keep our children safe from harm and to protect them from dangerous situations. Sadly, children suffer injuries in many of the same ways that adults do. Much like adults, children have the right to receive fair compensation for their losses after a personal injury. This can include reimbursement for medical care, lost educational opportunities, and reductions in their quality of life.
A Smithtown child injury lawyer could help when your child suffers injuries because of the poor choices of others. This could include explaining your child’s legal rights, investigating the cause of their injuries, and demanding proper compensation in or out of court.
Children are just as vulnerable to injury as adults. They ride in the same cars, shop in the same grocery stores, and use some of the same consumer products as their parents and other adults. As a result, they may suffer injuries due to car accidents, slips and falls, overheating appliances, or even medical errors.
The primary goal of a Smithtown child injury attorney is to connect a child’s injuries to the actions of another party. This could include proving negligence for a car accident, demonstrating that a store owner failed to clear a spill in an aisle, or affirming that a product’s manufacturer allowed an unsafe product to reach the marketplace. By giving the legal duties over to a professional, families can concentrate on the recovery process.
Because children are legally considered minors, they cannot pursue an insurance settlement or lawsuit to demand compensation for their losses on their own. Instead, parents or other guardians have the sole right to pursue these cases on behalf of their injured children. Unfortunately, this can create conflicts of interest between children and their parents in the eyes of the law. As a result, state law says that a judge must approve any potential settlement that offers compensation to a child to ensure that the proposed terms are in the best interest of the child. This is usually a formality but a child injury lawyer in Smithtown could take the lead in submitting proposed settlement paperwork to the relevant court.
Another common obstacle that arises in child injury cases is the statute of limitations, the legal limit that determines how long a person has after suffering an injury to file a lawsuit for their losses. Because many children are unable to properly describe their injuries or losses, there may be significant delays involved in seeking payments. New York Civil Practice Law & Rules § 214 says that most people have three years to come forward. However, this may change based on the facts of a child’s specific case. Reaching out to a Smithtown child injury lawyer as soon as possible gives them the best chance of providing support.
Children who suffer injuries because of the actions of other people or companies have the same rights under the law to seek out compensation for their losses. However, they must exercise these rights through their parents or guardians. In addition, state courts will always evaluate the legality of any proposed settlement for compensation. A Smithtown child injury lawyer could help parents pursue the compensation that their children deserve. Contact one today to learn how they might be able to help your family.