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When your child suffers an injury, all you want is for their pain to stop and for them to recover quickly and completely. Unfortunately, parents cannot wish a child’s injuries away.
However, if the injuries resulted from someone else’s negligence, parents can file a personal injury claim for damages. Let an Evesham Township child injury lawyer on our team help you get justice for your injured child.
Proving that Negligence Led to a Child’s Injury in Evesham Township
Any claimant in a personal injury lawsuit must prove that another party’s negligence caused their otherwise avoidable injury. Negligence indicates a failure to use a reasonable degree of caution given the circumstances. The law imposes a higher standard of care when children are involved, because kids are impulsive, lack maturity, and require near-constant supervision.
For example, a driver who was paying attention to their surroundings and adhering to the speed limit when an accident occurred would probably not be found negligent. However, if the driver could see that children were playing ball in their front yards, driving below the speed limit could be a reasonably cautious choice. In other words, an adult who owes a duty of care to protect a child from foreseeable harm could be held liable for any injuries resulting from their carelessness.
Estimating an Injured Child’s Future Damages
When an accident occurs, it is much easier to estimate an adult’s future damages than a child’s, because injuries can impact a children’s cognitive, skeletal, and emotional development in unpredictable ways. The younger the child is at the time of an injury, the more difficult it is to determine its long-term impact.
If it is unlikely that the child will recover completely, damages should include compensation to support their needs in the future. A child may receive compensation for their physical suffering, disability, mental trauma, disfigurement, lost opportunities, and all other effects of the injury.
A capable Evesham Township injury attorney may need to gather testimony from physicians and experts in child development to help establish the true value of a family’s losses. Fortunately, our team has the connections and resources necessary to obtain evidence of this nature and help strengthen a child injury claim.
Procedure for Settling a Child Injury Claim
Most injury claims settle before going to trial. When parents agree to settle a case on behalf of their injured child, an Evesham Township court must approve any settlement the parties reach.
According to New Jersey Superior Court Rule 4:44, once the parties have agreed to settle, they must request a friendly hearing before a Superior Court Judge. The judge will appoint a Guardian ad Litem who will meet with the child and their parents and review the settlement agreement. The Guardian ad Litem will offer their opinion about whether settling the case for the amount agreed is in the injured child’s best interests.
If the court approves the settlement, the child will gain access to the money on their 18th birthday in most cases. Sometimes, a settlement is written to prevent the child from accessing all their funds upon turning 18, meaning some portion might be held until they are older.
The compensation that a child receives in a personal injury lawsuit belongs to the child, not the parent. With court approval, parents can use the compensation awarded in a successful civil claim to pay for their child’s medical bills while the child is under their care.
Trust Your Child’s Injury Claim to an Evesham Township Attorney
Caring for an injured child is physically and emotionally exhausting, not to mention financially draining. You do not have to face these burdens alone.
An Evesham Township child injury lawyer with our firm has compassion for what you are going through and is determined to hold negligent parties accountable on your family’s behalf. Schedule a case review with a diligent attorney today.