One of the worst things a parent can go through is seeing their child hurt or injured in an accident. Even worse is when someone else’s negligence or recklessness caused the accident. Children do not have legal standing to sue the at-fault individual themselves. So, parents of children hurt by others will ask: can I bring a personal injury claim on behalf of my child?
A parent or guardian of a minor child injured due to negligence can take legal action on their child’s behalf and pursue damages in a personal injury claim.
Common Causes of Accidents Involving Children
Sadly, children can be injured in any number of ways. Often, a child’s injury can result from negligence by another person. When a person fails to act as a reasonable person would have or should have, and they cause an accident, that is considered negligence.
Common examples of accidents causing child injuries can include:
A sudden accident can lead to serious injuries for the kids involved due to their small size. Children are more susceptible to broken bones, head injuries, spinal cord injuries, and catastrophic injuries involving paralysis or loss of limbs. Injuries suffered by children can have long-term and even permanent consequences. When a child needs medical treatment, their family may also have to cover high medical bills and other costs.
What to Do if Your Child Is Injured in an Accident
If a child is hurt in an accident, parents and guardians can take critical steps to help:
Seek Immediate Medical Attention
Even if injuries are not clear at first, you should get medical help for your child. Concussions, internal bleeding, and other injuries could be difficult to see on the surface, but a trained medical professional can help.
Document Your Child’s Injuries
Take photos, record video footage, and maintain notes of what you observe in your child after an accident. Note any changes to your child’s mental state, physical movements, and appearance. Changes in condition and behavior may require follow-up medical care. These details can also be vital when pursuing a personal injury claim on your child’s behalf.
Get the Contact Information of the Other Witnesses
If there were witnesses at the scene of the accident, get their contact information. Their accounts could be critical to your claim as you build evidence against the at-fault party.
How To Prove Liability In a Personal Injury Claim
To prove negligence in a personal injury claim in Missouri, a claimant on behalf of the child must prove:
- Duty of Care: People owe a duty to others to act reasonably and avoid harm to children (e.g., drivers must be aware of and yield to pedestrians).
- Breach of Duty: When someone fails to act as they would reasonably be expected to toward someone else, they have breached their duty of care.
- Causation: A plaintiff must show that the at-fault individual caused the accident and resulting injuries. There cannot be any other cause or explanation for the accident.
- Damages: There must be actual damages, such as proof of injuries, medical bills, and other losses.
A knowledgeable lawyer will work hard to prove the elements of negligence in your family’s personal injury claim.
What Is the Statute of Limitations for Child Injury Claims in Missouri?
Missouri follows a generous 5-year statute of limitations for personal injury claims. Generally, accident victims have 5 years from the date of their accident to file a claim.
However, the deadline is extended even further for children. For children, the five-year statute of limitations does not begin tolling until they turn 21. Regarding medical malpractice claims, the deadline is two years after the child turns 18 but no later than 10 years after the alleged act of negligence.
Protections for Children During a Personal Injury Claim
Children aren’t expected to be as involved as adults in a personal injury claim. Children’s Identities can be sealed from public records and protected from depositions and harassing questions from opposing parties. Children are also not required to attend pretrial conferences or other routine pretrial matters in court, and they are often not required to be present at trial either.
How Are Children Paid in a Personal Injury Claim?
Personal injury claims often result in settlements from insurance providers or defendants. In Missouri, settlements on behalf of children must be approved by the “next friend” or “guardian ad litem” and then presented to a judge.
When the court approves the financial award, proceeds are generally placed in a trust for the injured child. These rules are intended to prevent family members from taking advantage of and misusing settlement funds for their own gain.
Consult With a St. Louis Personal Injury Lawyer About Your Child’s Legal Rights After an Accident
If your child’s accident was caused by the negligence of a person or business, your child could be entitled to financial compensation from the at-fault party. Our experienced St. Louis personal injury lawyers will help you fight for financial recovery on your child’s behalf. Contact our law firm Schultz & Myers Personal Injury Lawyers today or call us at (314) 444-4444 to schedule your free consultation.
