Minors who suffer harm as a result of another’s misconduct have the same right as adults to recover compensation. However, only a child’s parent or guardian has the authority to demand compensation after a personal injury. Additionally, a local court must approve any potential settlement to ensure that the outcome serves the child’s best interests.
A Wildwood child injury lawyer could help you if your child has suffered an injury because of the actions of another party. A compassionate local attorney could pursue the case in a way that seeks out the appropriate level of compensation as well as navigate the specific rules that control cases involving minors.
Much like adults, children ride in cars, go shopping, visit the property of others, or may encounter dangerous dogs. As a result, a person who is liable for an accident, such as a car crash, is just as responsible for providing compensation to injured children as they are to adults.
However, there are a few situations that impact children independently of adults. For example, property owners may have an enhanced duty to protect children if their property contains an attractive nuisance that may draw kids onto the land. A seasoned attorney in the area could provide more information about the legal rights of kids and perform a full investigation into the incident that resulted in a child’s injury.
While a minor has a right to compensation after an injury, they are unable to recover on their own. According to Missouri Revised Statute § 507.184, only parents or guardians have the ability, known as standing, to demand compensation on behalf of a child. At the same time, local courts must approve any settlement that a guardian accepts on behalf of the child.
Another rule that controls child injury cases is the statute of limitations. Normally, plaintiffs in civil cases have five years from the date of the injury to demand compensation. However, the fact that the plaintiff is a child at the time of the incident changes this.
According to MO. Rev. Stat. § 516.170, minor plaintiffs may delay their court filing until they reach 21 years of age. This means that people negligently injured in childhood have until the age of 26 to demand payment for their losses. A child injury lawyer in Wildwood could help to provide clarity concerning these complex nuances.
Children have the same rights as adults to demand compensation for their losses that result from the negligence of others. While this right is absolute, only the parents or guardians of children have the ability to accept a settlement or file a case in court. Furthermore, a civil court must approve any result that affects the rights of children.
A Wildwood child injury lawyer could help you and your child after an incident. This can include gathering evidence, explaining your child’s rights, measuring how the event has impacted your child, and demanding appropriate payments from all liable parties. Contact our experienced team today to learn more.
