Understanding the Rights of Minors in Personal Injury Cases
Personal injury cases involving minors are unique and distinct on many fronts. The regulations and guidelines appear unusual, and you need a personal injury attorney who comprehensively understands this specialty to achieve your desired outcome. All hands must be on deck to ensure minors obtain their rightful compensation without trampling on their rights.
This article discusses the legal rights of minors in a personal injury matter.
Young individuals need unique care and attention during a personal injury lawsuit. This is unfamiliar territory to them. Hence, it is crucial to know your legal rights when you or your minor face such a situation.
You must engage a trusted personal injury lawyer to handle the legal battle. However, knowing the rights of minors in personal injury lawsuits will help you select a suitable attorney.
Understanding What a Minor Entails
An individual who is yet to attain the majority age is a minor. In most US states, minors are between ages one and 17.
The Need for a Parent or Guardian
Every personal injury lawsuit involving a minor requires a parent or guardian. They are the child’s representative in the legal process and will decide on behalf of the minor on issues associated with the injury claim.
How Statute of Limitations Applies in Cases Related to Minors
There is a statute of limitations for instituting a personal injury case in several cases. However, the authorities may waive or extend the limitations when a minor is at the central stage of the case. The essence of the extension is to allow the concerned minor to reach adulthood and take a legal step if crucial.
For instance, if the statute of limitations for a given incident is four years, but the alleged victim was seven when it occurred, it means they will be 11 at the expiration of the statute of limitations. The limitations may not apply in this context because the victim is not yet an adult. They can still demand compensation when they reach adulthood.
Damages Minors Enjoy
There are several categories of damage awards in personal injury cases for minors, much like adults. The essence of the damages is to compensate you for your financial, physical, and emotional losses. Below are the four typical damages a minor may recieve:
Pain and Suffering: The essence of these damages is to compensate you for the emotional and physical stress the mishap brought you. These damages acknowledge your stress, impaired quality of life, and discomfort you suffer due to the accident, even though they are challenging to quantify and subjective.
Disfigurement or Permanent Disability: A minor may obtain compensation for permanent disfigurement or disability from an incident.
Loss of Life Enjoyment: Young people may obtain compensation for the loss of life enjoyment due to an accident. Minors have a high chance of receiving these damages if the harm has hindered their ability to participate in social interactions, bonds, or hobbies they once enjoyed before the mishap.
Medical Bills: It is essential to know minors’ entitlement to compensation for present and future medical needs. Medical care costs cover surgeries, physical therapy, physician appointments, admissions, and other crucial treatments.
Understanding the scope of probable compensation is essential to helping minors get the rightful compensation for their medical needs. Further, it will help you creatively maximize the compensation within the law. It is a commendable way of securing the future of your minor as they recuperate from the harm.
Dissecting Structured Settlements
The purpose of structured settlements is to secure minors after a personal injury financially. The insurance firm will spread payments custom to the child’s needs over a period. This structured system guarantees constant tax-free inflows and prevents mismanagement.
The court must endorse the structured settlement and appoint a third party to administer it for stability. However, it gives room for adjustments for crucial life phases.
“Structured settlements are particularly good for minors needing ongoing medical attention. Parents or guardians can mismanage lump sums and leave the minor stranded for their essential needs,” says Arthur Schechter from Schechter, Shaffer & Harris LLP – Accident & Injury Attorneys.
However, ensure you carry financial experts and legal professionals along during the negotiations for compliance and impressive outcomes.
Structured settlements help minors navigate their future confidently. It gives them much-needed stability and focus.
The Need for Court Approval
The court has the final say on any agreement you reach with an insurer on behalf of your child. The judge will evaluate the proposed payment structure based on several factors to confirm its fairness and reasonability. These factors include accident-triggered emotional trauma, pain, future medical requirements, and the adequacy of the offered amount based on local regulations.
The offered amount must be sufficient for the child’s medical care and treatment. The court must approve an amount that will give the minor access to competent healthcare practitioners who perform their roles excellently.
Why a Guardian Ad Litem Is Crucial
A guardian ad litem is a court-appointed representative for a minor involved in a personal injury. Their role is to prioritize the child’s best interests throughout the legal procedure. They protect minors’ rights and make informed decisions for them.
The guardian negotiates settlements, weighs probable causes of action, and ensures the minor benefits from any damage awards.
In other words, the guardian is the minor’s voice in the legal process. Hence, they must secure the child’s well-being and help them get fair compensation. The guardian’s presence offers minor security and comfort during an overwhelmingly troubling time. It shows that someone who cares about and loves them is with them during trying times.
Also Read: Auto Accidents: Know Your Rights and Responsibilities
Final Words
It is soothing to know that the country prioritizes the rights of minors in personal injury cases. It is commendable and shows the country values its next generation. However, the legal pathway to justice is intricate and slippery.
You need determination and knowledge to conquer the antagonists that will stand in your way of justice. You must understand the rights of minors to demand adequate compensation in a personal injury claim.
You must involve an attorney who understands the legal landscape and may be able to bolster your chances of a favorable result. The local attorney will guide and work closely with you to achieve your aims in the case.
