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Parents Guide to Handling Injury Cases for Their Children


Seeing harm come to your child is a nightmare scenario for any parent. As much as you may work to ensure their safety, it’s an unfortunate reality that children can easily be put at risk due to the actions of another.

From auto collisions to negligence, medical malpractice or faulty products, children are hurt every year due to the recklessness and disregard of others.

If your child has been hurt by someone else, it’s only natural that you should seek justice. But where do you begin? In this post, we will cover some of the important factors that should be considered when handling an injury case for your child.

Understanding How Courts Handle Child Claims
Child injury claims are different from adult claims, due to strict guidelines from NC State Bar. Children under 18 are unable to be sued or to sue.

This leaves them with two options, to wait until they turn 18 to make a claim or for a parent or guardian to make it for them as a Guardian ad Litem.

With the help of a child injury lawyer, you can be appointed Guardian ad Litem by the court.

Claims Made in a Child Injury Case
Two separate claims may be made in an Injuries to Children case. The first is a claim by the parent or guardian, seeking the recovery of the medical costs of the child’s treatment.

The second is made on behalf of the child by their Guardian ad Litem and include all claims outside of medical cost recovery. In some cases, the parent or guardian may also have a claim for emotional distress.

The Role of Insurance Companies
Insurance may sometimes seek to settle a child injury claim by giving you a settlement check to avoid the judicial approval process.

However, without judicial approval, the settlement isn’t approved and may not stand up when the child reaches 18 years old.

In most cases, the insurance company will seek judicial approval if the costs of the injury are significant enough.

Factors to Consider
A successful Injuries to Children case can depend on several factors. Child injury lawyers can help you answer several of the following questions to help you understand your options:

  • Whether you have a legal claim for your child’s injuries
  • Who can be declared negligent or at-fault
  • The extent and evidence of injuries, as well as medical costs
  • The potential for claims for the emotional distress of the parents or guardian

It’s important to get in contact with a child injury lawyer to ensure they are able to advise you in a way that can help you make a successful case as soon as possible.

The Role of a Child Injury Lawyer
At Glenn, Mills, Fisher & Mahoney, P.A. our personal injury and child injury lawyer services will help you every step of the way.

Think you have a case? The best way to find out if you require legal assistance is to begin with a Free Case Evaluation. An experienced member of our team will assess the facts and circumstances of your situation and share information with you about what can be done to protect the rights of your child.

Get in touch as soon as possible by filling out our online contact form or by calling our team on (919) 683-2135. We will find the next steps together.