Because of their developing brains and bodies, children are more likely to suffer serious injuries than adults. Unfortunately, these injuries often result from the negligent actions of an adult, even if it may not seem immediately obvious who is at fault. Children are frequently injured due to negligent dog owners, careless drivers, or poor supervision by school administrators.
If your child sustained injuries through no fault of their own, your family could be entitled to a monetary award. With the help of a reliable accident lawsuit attorney, it could be possible to secure compensation for current and future needs. An Orlando child injury lawyer could review your case and provide advice on how best to proceed.
Many of the personal injury cases involving minor children result from the same type of negligence that occurs in adult injury cases. Adults, government entities, and businesses have a number of obligations to protect people from harm, and these obligations are often strongest for children. The lack of supervision or safety measures could lead to an injury—and a civil lawsuit.
Most injury cases involving a child are based on a theory of negligence. Any person that causes an injury due to their careless or reckless actions could be liable for the damage they cause. An Orlando child injury attorney could make the case that the adult in question failed to take reasonable steps to avoid an injury.
It is not enough to show that a careless or reckless person was involved in an accident. There also must be a direct link from the at-fault party to the child. If that party’s negligence resulted in the child’s damages, they could be financially liable. An automobile crash could lead to a lawsuit against a distracted driver or defective playground equipment could produce a premises liability claim against the property owner. Even sexual abuse from clergy or from a teacher could open up a claim for damages.
Minor children do not have the same legal rights as adults. Because they are not considered to be legally competent, they do not have the ability to file a lawsuit on their own behalf following a serious injury. That does not mean they lack an avenue to fair compensation. Parents have the power and ability to file a lawsuit on behalf of their minor child, which could result in the compensation they deserve.
What’s more, there is an expanded deadline that applies to these cases compared to an adult’s injury claim. In general, the statute of limitations for a personal injury lawsuit is four years. That means most people have four years from the date their injury occurs to file their lawsuit. The failure to comply could result in the permanent dismissal of the injury case.
It is important to note that this deadline can be paused—or “tolled”—for minors. When a child is physically injured, the statute of limitations does not begin to run until the child’s 18th birthday. However, there is a second deadline to be aware of that requires a person to file a lawsuit within seven years of the injury. In other words, younger children will likely require their parents to file a case while they are still minors. An older child might be able to wait until they are 18 to file the lawsuit themselves. In either situation, an Orlando injured minor attorney could assist in laying out a claim for compensation.
If your child was injured by someone else’s negligence, they deserve an advocate that will fight for them. The legal team at the Umansky Law Firm puts all our effort into ensuring you get the financial relief that you deserve.
Do not put your child’s injury claim at risk by handling it without skilled counsel. Reach out to an Orlando child injury lawyer today.
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