Law § 5533, the statute of limitations is paid (suspended) for minors until they turn 18. Therefore, a child injured before age 18 has until their 20th birthday to file a personal injury lawsuit. However, children cannot file personal injury claims on their own behalf. They do not have the legal capacity to file lawsuits or lawsuits. Therefore, parents and legal guardians have the legal authority to file a personal injury lawsuit on behalf of a child.
Yes, parents have the right to take legal action, including personal injury lawsuits, on behalf of their children. If the parents reach a settlement before the case goes to trial, the court must approve broader settlements. The purpose of obtaining court approval is to ensure that the agreement is in the best interest of the child. There are also claims that the injured child can file independently upon reaching adulthood.
These requests, often for pain and suffering, disfigurement, loss of life's pleasures, emotional distress, or loss of earning capacity, must be filed within two (years) after the child turns 18. This is called the Child Toll Act. In medical negligence cases and in some other types of lawsuits, there is also something called a statute of rest. It is generally recognized that a parent or guardian is often responsible for the medical bills of an injured child. Therefore, if your child has been injured in an accident, the parent or guardian has the right to file a personal injury claim to obtain compensation on your behalf.
While you can't control what someone else does, you can take legal control of your child's personal injury lawsuit. Medical expenses incurred as a result of a child's personal injury claim may be the responsibility of the parents. The value of a personal injury claim generally increases when the child suffered a catastrophic injury, such as a spinal cord injury, loss of a limb, paralysis, or traumatic brain injury. Don't let an insurance company or other party convince you that you are not responsible for your child's injury without consulting a personal injury lawyer.
While it's still possible to win a personal injury case if you didn't seek immediate medical attention for your child, delays in care can complicate the case. A child injury claim is a legal claim for compensation for damages when a child suffers an injury caused by another person. It's also best to avoid talking to an insurance appraiser or other person representing the at-fault party until after talking to a personal injury lawyer. The amount of compensation a child could receive for a personal injury claim depends on the facts and circumstances of the case.
For most personal injury lawsuits, the New York Statute of Limitations for filing lawsuits is three years from the date of the injury. If a personal injury claim is filed, you should also file a claim with the relevant insurance companies involved. A statute of limitations is the period of time after an accident within which a personal injury lawsuit can be filed. The requirement to approve a settlement applies even if parents can settle the child's personal injury claim without filing a personal injury lawsuit.
It's best to avoid using social media, especially to post information about your child, while your child's personal injury case is pending.