As a parent, there are few things more difficult than seeing your child seriously hurt in an accident—especially if they were injured because another party failed to take proper safety precautions. Your child needs immediate medical attention from a qualified physician.
You also need to know how to navigate the legal claims process. Child injury cases can involve some unique legal and procedural issues. Here, our Tucson personal injury attorney highlights five key things that parents should know about child injury claims in Arizona.
1. A Parent Can Bring a Personal Injury Claim on Behalf of a Child
First and foremost, it is important to clarify: You have the right to bring a personal injury claim on behalf of your child in Arizona. Minors are entitled to financial compensation from at-fault parties and their insurers just the same as adults. As minors cannot file a claim by themselves, their parents or guardian can initiate the case.
2. Parties May Have Heightened Obligations Towards Young Children
Businesses, organizations, and other parties often owe heightened legal duties to young children. The standard of liability might be different in cases involving child injuries. As an example, imagine that a person was hurt while playing on an unprotected construction site in Tucson. If the victim was an adult, it may be difficult to bring a claim because of a trespassing issue. However, if the victim was a young child, the company’s failure to properly secure the site is a major issue.
3. A Child’s Long-Term Needs Must Be Carefully Considered in the Claims Process
A parent filing a personal injury claim on behalf of a child has the right to seek compensation for their economic and intangible damages. It is crucial that a child’s pain and suffering as well as their long-term medical needs are considered.
4. Personal Injury Settlements for Minors Require Court Approval in Arizona
An adult has a right to settle their personal injury claim. You do not need court approval to settle your own personal injury claim. However, there is an additional layer of protection for cases involving children. Under Arizona law (Ariz. R. Prob. P. 53), a personal injury settlement on behalf of a minor plaintiff must be approved by an officer of the court.
5. There is a Statute of Limitations Exception for Minors
Most personal injury cases in Arizona have a two year statute of limitations. However, child injury claims can be an exception. A minor plaintiff may have additional time to file. That being said, it is never a good idea for parents to wait to get started with the legal process. Consult with an Arizona child injury attorney as soon as possible after an accident.
Get Help From Our Tucson, AZ Personal Injury Lawyers Today
At The Karnas Law Firm, our Tucson personal injury attorneys have the skills and legal experience to handle child injury claims. If your child was hurt due to the negligence of another party, we are here to help you and your family get justice and full financial compensation. Give us a call at 602.402.5207 or contact us online to set up a free, no commitment review of your case. From our law offices in Tucson, Yuma, and Phoenix, we handle child injury claims throughout Arizona.
Want to Make $150?
Contact us about our referral program today!Find Out More