Personal Injury For Children: What Parents Need to Know in North Carolina
Accidents are frightening events, regardless of how old someone is when they occur. However, if an accident involves children, it can be especially traumatizing. Children lack the same mental capacity as adults to cope with the pain and come to terms with what has happened. Since their bodies are not fully developed, they are less protected and more vulnerable to serious, long-lasting injuries.
Although pursuing compensation with the help of an experienced attorney won’t turn back the clock, it could be your best chance at obtaining justice for what has occurred. Our team will diligently work to build a strong case and fight to secure fair compensation that, at the very least, covers your child’s medical bills. North Carolina families deserve a legal team that genuinely cares – they deserve The Downer Law Firm. Contact us today to set up a consultation.
Are Claims Involving Children Different Than Those Involving Adults?
When it comes to pursuing an injury lawsuit for a child, it’s important to understand that their case is not just a smaller version of an adult’s. There are unique legal considerations, such as the fact that minors cannot file a personal injury claim themselves. This means a parent or guardian must step in, or they may have to wait until the child turns 18 to file independently.
Note that the statute of limitations for personal injury minor laws varies by state. The timer starts at three years from the date of the accident for a parent or guardian unless the child chooses to file their own claim. In many states, including North Carolina, the clock pauses until the child reaches 18. For example, if they were 14 when the accident occurred, they have until age 21 to file, since the clock doesn’t start counting down until they turn 18.
In North Carolina, a judge’s approval of a settlement agreement must be obtained before a case can be closed. If approval is not granted, the minor could void the settlement agreement later. A hearing is usually required to ensure the minor’s best interests are protected.
Injury Causes and Effects
- Kids will be kids. That means they’ll play hard, take risks, and sometimes get hurt. While most childhood injuries are minor, like a scraped knee, they can also suffer more serious injuries, like a broken arm, if they’re in an accident caused by someone else’s negligence. Children are often injured in accidents involving bicycles, motor vehicles, defective products, and slip-and-falls. They can also get hurt from playground incidents, dog attacks, medical malpractice, or pedestrian accidents. Since children’s bodies are still growing, they are more vulnerable to certain types of injuries, such as:
- Head or brain injuries. The most common injuries sustained by children in car accidents are head or brain injuries, which can have serious, long-lasting effects on their cognitive development and ability to participate in life.
- Spinal cord injuries. These are especially common in babies and toddlers because their necks are highly flexible, which increases their risk.
- Thoracic Injuries. In motor vehicle accidents, children under one year old are more likely to sustain serious injuries to their heart and lungs or fractured ribs from a blow to the chest.
- Fractures. Children are more likely to sustain broken bones than adults because they are still growing. Depending on the location of the fracture, such as a growth plate, there could be future issues related to growth and treatment.
- Psychological trauma. The mental anguish caused by a car accident can lead to psychological conditions, such as anxiety, that may require ongoing counseling or other treatments.
What to Do If Your Child Has Been Injured
After an accident, especially when children are involved, time is of the essence. To ensure their safety and see that their rights are upheld, follow a few simple steps.
- Seek immediate medical care. Your child’s safety is the top priority, so the first step is to have them evaluated by a healthcare professional. Even if no serious injuries are apparent, it’s vital to have them evaluated by a healthcare professional, as some injuries may not show outward signs. Keep detailed records of all medical treatments, including diagnoses, prescriptions, and recommendations for future care.
- Documenting the scene is key. Record every detail about where they were injured. Take photos of the scene, the cause of the injury (e.g., car accident, broken playground equipment, etc.), and your child’s injuries. Make sure to collect contact information from any witnesses as part of your documentation.
- Report the incident. If the injury happened at a school, daycare, or business, inform the responsible party. If a faulty product caused it, notify the manufacturer or retailer.
- Don’t accept a settlement. Insurance companies might try to settle fast with a low offer. Never agree to any settlement before talking to one of our personal injury attorneys.
- Contact an attorney. Remember, a child’s injury claim is fundamentally different from any other type of claim. Children can’t defend themselves in court; as a parent or guardian, it’s your responsibility to do so. Be your child’s advocate and file your parental legal rights injury claim today with The Downer Law Firm. We are here to guide you through the legal process and ensure your child’s rights are protected.
Call The Downer Law Firm
The panic you feel when your child is hurt can be overwhelmingly frightening. But you can’t dwell on that fear– they’ll look to you for courage. Close your eyes, take a deep breath, and consider how you can support them through it. Think about pursuing a personal injury case with The Downer Law Firm on their behalf. For over 40 years, The Downer Law Firm has been providing excellent legal guidance to Charlotte and nearby areas. We will fiercely defend you and your loved ones, working to recover compensation that helps you move forward. Need a child injury lawyer in NC? Don’t hesitate to call 704.348.6700. When it comes to your child’s well-being after an accident, legal guidance can make all the difference.
