Child Injuries and the Law
Special rules have been developed in child injuries. The law determines that children do not have the same well-formed judgment as adults. In many cases, children have a right to compensation in the same amount as adults. The compensation dolled out for minors in child injuries varies from state to state, however. In general, child injuries may be compensated for disability, permanent injury, and pain and suffering.
Negotiations of Child Injuries
Since a child cannot negotiate a legal claim, a parent is permitted to negotiate on behalf of the child. In some states, the approval of a judge is needed for child injuries to be settled by a parent. This usually involves filling out a simple form. The insurance company the parent reaches a settlement with will provide the necessary paperwork. It’s also available at the county clerk’s office.
Child Injuries and Accidents
In terms of legal liability, the notion of care and carelessness is the same for child injuries as it is for adults. However, the level of care expected of a child is not equal to that of an adult. This is because children, especially young minors, do not understand risk like adults do.
When deciding whether a minor was liable for causing injury, there are different standards for different age groups. Young children (aged seven and under) are generally not held liable for accidental injuries. This is because they are too young to understand carelessness. However, a parent or legal guardian may be held liable for their negligence in controlling a child.
If child injuries are caused by an older child, the child may be held responsible. The parent may be held liable, too. Older children can be held liable for negligent conduct if they don’t behave. This standard is judged by how other children in the same age group reasonably behave. Once they become teenagers, children are basically held to the same standard as adults.
Collecting Compensation for Child Injuries
Children don’t usually have much money of their own. If a minor is held responsible for an injury, their actions are often covered by insurance. For instance, child injuries involving the minor driving a car, would be covered by the parent’s insurance policy. If a serious injury occurs from a minor’s car accident, the injured party may pursue a lawsuit against the minor. In most cases, the minor will have to pay what they owe when they “come of age.” In most states, this is when they reach 18 years of age.
If a minor is the registered owner of a car or motorcycle, but has no insurance, most states force the parents to pay for the child injuries. Typically the limit is between $5,000 and $25,000 when the minor is at fault. Even if you’re injured by a minor, a plaintiff may be able to file a claim and collect from his or her insurance policy. They may also be able to collect from the policy of the minor’s parents.
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