Newark Child Injury Lawyer
If someone else’s recklessness caused your child to sustain severe injuries, you have the right to pursue financial recovery from the liable party. Minors cannot file lawsuits. A parent or guardian must act on their behalf, and the civil court must approve the settlement amount to ensure it is in the child’s best interest.
A Newark child injury lawyer can help you secure compensation for current and future damages, including long-term developmental needs and medical care. Our personal injury attorneys can outline your legal options and give you the information you need to proceed.
Most Common Causes of Child Injuries
The most common events that cause serious injuries to children include:
- Vehicle collisions involving cars, school buses, pedestrians, and cyclists
- Premises liability accidents, such as tripping, slipping, and falling because of dangerous conditions, swimming pool or playground incidents, and dog bites or animal attacks
- Daycare center or school accidents due to negligent supervision, abuse, defective playground conditions, or assaults from staff
- Encounters with dangerous and defective products, such as car seats, cribs, toys, furniture, and clothes
- Medical malpractice, such as birth injuries that lead to cerebral palsy, misdiagnosis, surgical procedure mistakes, or medication errors
- Sports and recreation activities, during which negligent supervision could result in traumatic brain injuries
Our experienced Newark attorneys can help you navigate the claims process for injured minors, providing advice and guidance throughout.
Civil Lawsuits for Minors
State law does not allow minors to file personal injury lawsuits themselves. Child injury cases have an extended statute of limitations, with the countdown to the deadline beginning after they turn 18. However, one of their parents or a legal guardian can file on their behalf before this point.
The individual filing the claim must act in the child’s best interest, and there is close court oversight. Our Newark attorneys can help you understand the process of filing an injury claim on behalf of a child, ensuring you comply with state laws.
Friendly Suit Hearing
After calculating fair compensation, your lawyer will file a Petition to Approve Minor Settlement with the court. The court then appoints an independent attorney to serve as a guardian ad litem for the child.
They will review the proposed settlement amount and other case specifics to ensure it is in the child’s best interest and that the parents’ interest in reimbursement for medical expenses does not outweigh their child’s long-term needs.
Prove-Up Hearing
The next step is a short hearing, known as a prove-up hearing, in which the judge reviews the settlement terms and the guardian ad litem’s report and recommendation. They also ask the parents and the child any questions they may have.
After the hearing, if the judge is satisfied that the settlement is fair, they issue an order approving it. The funds for the child are typically deposited into a court registry or a structured settlement account.
Recoverable Damages
The economic damages in child injury cases include current and future medical expenses and healthcare costs, lost wages, loss of earning capacity, and compensation for future wages lost due to impairment. Parental reimbursements, such as for medical care and lost wages while caring for the child, are also available.
Non-economic damages include physical pain and mental anguish, loss of bodily function, scarring, disfigurement, and other visible damage. Additionally, the court compensates for emotional and psychological harm and loss of the ability to enjoy daily activities due to the injuries.
Speak to a Child Injury Attorney in Newark to Learn More
If someone else’s reckless actions hurt your child in an avoidable accident, you have the right to file a lawsuit and seek compensation. Securing a settlement allows you to hold the at-fault party accountable, recover your losses, and ensure funding for your child’s future medical needs.
A Newark child injury lawyer can outline your options, enabling you to make an informed decision about how to proceed. Contact us today to schedule an appointment and learn more about how we can help you with your claim.
