Luckily, the legal system allows a parent or guardian to file an insurance claim or lawsuit on a child’s behalf. Together with an experienced child injury lawyer, they can receive compensation for the child’s injuries. The law also has built-in protections for these vulnerable victims, ensuring that any settlement is used properly to meet the child’s medical and emotional needs.

The Severity of Childhood Injuries

A National Library of Medicine article cites some startling CDC statistics. Every hour in the United States, one child dies from an unintentional injury, 29 are hospitalized, and 1000 visit an emergency room.

While many of these incidents are purely accidental, others may happen because of someone else’s recklessness or carelessness. Car accidents, including being hit by a car, slip-and-falls, dog bites, swimming pool and playground incidents, and other mishaps can cause everything from minor bumps and bruises to permanent, life-altering disfigurement or disability.  

Due to their stature, small children can be more easily hurt than their older counterparts, and many of their injuries will need medical attention, such as:

Along with physical pain and recovery are emotional wounds and trauma from the scary event. The ordeal can be both mentally and financially stressful for the entire family in the aftermath, as the child recovers from—and in the most serious cases, learns to live with—their injuries.  

Who is Liable When Kids Get Hurt?

Anyone who owns a business, has a dog, drives a vehicle, or manages rental property has a duty of care to others. The duty of care is even greater where children are concerned. 

In New Mexico, adults are subject to pure comparative negligence, meaning they can be held partially responsible if their actions contributed to their own injuries. Any monetary settlements can be reduced by their percentage of the blame. But when kids are involved, there is no comparative negligence. Even if they do something they shouldn’t or trespass where they don’t belong, children are never at fault if they suffer an injury.  

• In all car accidents, the at-fault driver is liable for a victim’s injuries. The same goes for minor passengers. If the child is a passenger in someone’s car besides their parent’s (for example in a carpool), that driver could be liable if their negligence causes an accident.
• Premises liability laws hold business owners and landlords responsible if a child is hurt on their property. 
• Pet owners are liable if their dog bites or mauls a child.

Schools, camps, or sports complexes may be held liable when a child is injured while in their care, but proving negligence can be more complicated. Parents will find it helpful to have someone experienced in child injury law to deal with the school board, school district, or the state and local municipalities involved. 

Filing a Claim on Behalf of a Child

For anyone under 18, a parent or legal guardian may file a claim on their behalf. 

Just because children are small doesn’t mean the cost of their injuries will be, too. Getting compensation for a child’s injuries means being able to pay for their immediate medical needs as well as any ongoing care if they are seriously hurt.

Because kids have their entire lives ahead of them, a child injury lawyer will consider future needs when helping parents and guardians determine damages.

Damages may include the following depending on the severity of the injuries:

In New Mexico, parents and guardians have three years from the date of the injury to file a claim. In both Texas and Illinois, the statute of limitations is two years. 

The child can file suit themselves at age 18 if an adult hasn’t filed on their behalf. The statutes of limitations in Illinois and Texas give them until their 20th birthday to file. In New Mexico, they must do so by their 19th birthday.

Built-In Protections for Child Injury Settlements

Child injury law puts protections in place to make sure that any settlement is used only for the child’s benefit. The courts make it clear that the money belongs to them—not to their parent or guardian. 

To do this, the court can appoint a guardian ad litem (GAL). This person helps both parties negotiate the terms of the settlement and set up a trust to hold the settlement money. New Mexico law does not require a GAL, but most insurance companies make it a requirement in their policy language. 

Compensation for a child’s injuries goes into a trust or annuity. The parent or guardian must get approval from a judge to withdraw funds. Withdrawals may be to reimburse medical bills they have paid for the child’s care or to pay for other things benefiting the child, such as a ramp for a child’s wheelchair or therapy sessions. The point is a judge will decide if the expense is truly for the child’s well-being. For example, they may grant permission for college tuition or a support animal, but not for a family vacation.

Once the child turns 18, the money is theirs. They can then choose how to use it, just as any adult can decide how to spend proceeds from a personal injury settlement.

Finding the Right Child Injury Lawyer

If a child in your life has suffered an injury, you need a qualified, experienced child injury lawyer. You need Jessica Kane and Kane Personal Injury. Not only is Jessica well-versed in child injury law, she has been a compassionate advocate for children throughout her career.

Before becoming an attorney, Jessica was a school guidance counselor and licensed therapist. She maintains these licenses, as well as a Developmental Specialist II certificate with the New Mexico Infant Toddler Program. She is fully invested in seeing that families dealing with a child’s injuries get full and fair compensation as well as closure.Your child has the right to a bright future. We will fight for the settlement they deserve. If your child is the victim of someone’s negligence, contact the law offices of Samuel I Kane, P.A.