Steps To File A Personal Injury Case For A Child

Apr 2, 2020 4:55 AM ET

Maybe most of us going through the article are not parents, but one thing we all would agree upon is that none of us would ever want our near and dear ones to get hurt. Parenting in itself is a challenging work, bringing up a completely new individual on your own. If just the thought of losing a loved one is so mind-numbing for us, then imagine having to deal with such losses of a being who you have yourself taught to walk the paths of life. Even a little scratch on their children is enough to sadden the parents.

Sometimes, the injuries are quite big. But one cannot simply bubble wrap children just because it is tough out there. But what they can do is to take precautions. There is something they can do even after the injury has taken place. They can file a personal injury suit. You can hire a personal injury lawyer for the kid and carry on with the formalities. And if you indeed are serious about the stuff, then go through the article and get to know all the information related to the initial steps after and while filing the suit.

The court and the children- basic information about the initial


Now, a minor cannot simply just walk in some lawyer’s office and start the procedures themselves. They need a guardian to represent them and talk on their behalf to the lawyer and in the court. This is carried on till the child becomes a major. Also, it is important to note that even though the parent is the guardian or the litigation guardian rather but nothing is so specified in black and white. Hence in cases where the parent and the child both get injured, such that representing the child in the court seems a physically threatening option, another guardian is assigned by the court to the child. There are many such small details that this section deals with. So keep calm and scroll along:

Providing evidence:

Needless to say that the evidence must be correct. Nothing ever comes outright if it is started or supported by something wrong. Also as far as witnesses are concerned, there is no age limit to them. However, a child of and below the age of 14 may be or may not be considered as a witness depending on if the judge allows it. The logic behind this is that some children of such age may not be very much aware of the concept of the truth and its importance; hence it can be manipulated maybe. Apart from these, there are no restrictions on evidence and witnesses, but of course, the lawyers of both sides can cross-check the witnesses until they are content.

Who is litigation guardian?

A litigation guardian is required when the biological parent is unable to stand up for or represent their kids in the court. The court itself then assigns a guardian for the child who can be anyone such as a close family member, a local guardian, or even an attorney. In some cases, the office of the children’s lawyer may appoint someone to represent the child in the court. The role of the litigation guardian is that they are to represent the child in and amidst the court and if and when asked for the guardian is to review the settlement offers. However, the settlement offers are issued in the best interest of the child and the lawyer even has to appeal to the court requesting approval on the matter.

Another thing to be noted is that litigation guardian is only needed in the case of minors.

Children who have attained the age of majority are not bound to have a litigation guardian.

How to manage the settlement funds:

One must understand that the settlement funds are not to be used whenever and however. The guardians are even not the last and only ones to review the funds. The court speaks the bottom line. Whatever amount is to be withdrawn, how it is to be withdrawn, why it is to be withdrawn and if it can be withdrawn at all, are all aspects that are governed and looked after by the court. Here is a list of things that the court glances through before it can permit you to handle the fund:

The obligation of the parents to take care of the child/children
The then situation of the child
The amount that the court can afford at the time
The child’s age
Purpose of the expenditure- medicinal, educational or maybe others.

The bottom line is that the cases regarding the injury of a child and in expectation of preventing further damage is to be dealt with utmost care. And it is done so as well. The parents should however also be cooperative throughout the process. The children are to enjoy their lives till they can; the world out there is just waiting to pound on them anyway.

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