Accidents and other incidents involving adults usually result in a personal injury case. But what about cases when a child causes the injury or ends up being injured? According to Personal injury law, children don’t yet have the same well-formed judgment that adults do. And because of this, Personal injury law has created rules for compensation and liability regarding accidents where a child was involved.
Injuries to children
Accidents can happen. Every parent can confirm this. However, some injuries to children can result in a personal injury claim, especially when the cause of the injury is someone else’s carelessness. For injuries caused to your children, a school might be liable. That’s just one example.
Even though getting compensation for a minor (generally a person younger than 18) can be different from state to state, in general terms, a minor has the right for compensation for the same types of injuries/damages you will find in a personal injury claim for an adult. This includes, but it’s not limited to, payment for pain and suffering, permanent injury, emotional distress, and disability. Furthermore, the parent of the injured child can also have the right to be compensated, for medical expenses paid on behalf of its child.
Since a child cannot negotiate a settlement for a personal injury case, the parent usually negotiates on behalf of the child or hires an attorney. Some states require a judge’s approval before the claims can be settled. The approval process is usually very simple and straightforward. You fill out a few simple forms and file them with the court for approval.
Accidents Caused by Children
Liability for accidents caused by minors is established on the same idea of care and carelessness as accidents caused by adults. However, the same standards of care, that are normally expected from an adult, cannot be expected from a minor. Furthermore, carelessness implies that someone understands the risks, and minors don’t comprehend risks the way adults do.
When it comes to establishing liability for accidents caused by a minor, the law applies different standards to different age groups. Very your children (younger than 7) are generally not liable for accidental injuries. They’re simply too young to comprehend that they were careless and in what manner. This of course, doesn’t exclude the child’s parents or legal guardians for negligence and failure to control the child.
The child can be held liable for injuries it causes intentionally, once he/she is old enough and able to tell right from wrong. If one child intentionally hurts another child or causes material damage to a vehicle by throwing a rock at it, both the child that committed the intentional act and the negligent parents, may be liable.
In case of older children, they can generally be considered as liable for their negligent conduct and if they don’t behave carefully, which is measured by what their peers consider reasonably careful. Once the child reaches its mid-teenage years, he / she is held to almost the same standards as adults. For example, when driving a car, the minor is held to the exact same standards as adults are.
Since children don’t normally have a lot of their own money, and in case a minor is found liable, there are various ways an injured person can be compensated. First and foremost, actions caused by minors are usually covered by insurance. So if a minor is driving a car, the minor’s own car insurance or the owner’s car insurance (if the car is owned by the parent or employer) will cover the accident.
In cases where the accident doesn’t involve a vehicle, the homeowner’s insurance policy may cover the accident. In those cases, the victim will be dealing directly with the parent’s insurance company.
When there is no insurance that covers the minors conduct and you are seriously injured, you can pursue a personal injury lawsuit against the minor. If you get a judgment from a court which says how much the minor owes you, he/she will be paying for the damages as soon as he/she turns 18 (in most states) and starts earning income. However, these processed can take long and are only worth pursuing when the injury is extensive. In these cases, this will require help from a skilled attorney.
Parents’ Liability for Minors’ Car Accident
Minors driving a car or a motorcycle are usually covered by the vehicle’s insurance policy or if the car/motorcycle is owned by their parent, by the parent’s insurance policy.
When a minor is the registered owner of a vehicle but has no insurance, the majority of states hold the parents liable for the damages (from $5,000 to $25,000) caused by the minor. So when you’re involved in a car accident when the minor has no coverage or very little, you might be able to collect compensation from both policies (parent’s and child’s).
When dealing with a personal injury case, it’s nice to know what’s going on. This allows you to have confidence in what’s occurring during your case and not just trusting an attorney blindly. Although it’s important to pick an attorney that’s good at what they do and whom you can trust, it’s still important to be prepared and knowledgeable yourself. Having tabs on your own case and understanding the steps as they come allows you to make an informed decision when presented with one. Below covers some topics on personal injury cases when you are the one who has sustained the injuries.
What Does a Typical Personal Injury Case Look Like?
When an injury occurs at the negligence of another party, most states have laws that allow the person injured to recoup costs. This can include emotional trauma connected to the injury. Negligence can be from a workplace being unsafe or not kept up to code which resulted in an injury. Negligence can also include careless driving, malpractice by a doctor, and more. A typical case will have an injured party and a negligent party seeking to prove whether negligence was indeed the issue.
What Happens After Filing a Case?
The assumed negligent party is then served papers of the notice and becomes the defendant while you become the plaintiff. The next step is called “discovery” as lawyers on both sides gather evidence, ask questions, and build a case. Once this mode has ended, offers can be made before the case is taken to trial. If the offer is refused, it will go to trial and be decided by a judge. However, it’s common for personal injury cases to be settled outside the courtroom.
What Happens if I Win?
A judge or jury will decide an amount for damages and you will be rewarded this amount of money. Those deciding the amount will take into account the injury, grief caused by the injury, future wages lost, etc. All angles will be considered in order to fully cover the plaintiff. This is why cases like this are often settled outside of court.
How Long Do I Have to File a Case?
Each state differs on the length of time following an injury that you have to file a claim. This is referred to as the “Statute of Limitations.” Your attorney should be able to help you with this amount of time for your state. However, it’s always best to file a claim as quickly as possible following the injury. This often helps with evidence trails and the case in general.
Some other important notes to consider are that the defendant of the case isn’t punished. Other than paying out what’s rewarded to the plaintiff if they lose the case, a defendant won’t have to worry about aspects such as probation, jail time, etc. Further, if you decide to settle a case outside of court, this is when you and the defendant agree on a specific outcome of the case without a judge or jury. Your lawyer will handle the details.
As seasons change and various weather patterns come and go, new accidents and dangers present themselves. It’s common for some types of accidents to happen more often during certain seasons than others. One season that is popular for housing a large amount of accidents is summer. Kids are out of school, families are going on vacation, and people are more active than usual. This all is a recipe for fun and memories, but it’s also a recipe for accidents galore.
Pool or Water Accidents
Of course, you had to know this was going to top the list. Water is a large focus of fun when it comes to summertime games and time killers. However, water can be dangerous with slips, falls, head injuries, drowning, etc. Drowning is the fifth leading cause of death with a fifth of those accidents being children under the age of 14. Pools, lakes, and the beach can be a blast, but be sure to take as many safety precautions as possible to keep you and your family safe.
As mentioned above, summer is a great time for getting active and many people utilize their fun in the sun for sports. There are many summer leagues involving sports for children as well. A sport injury can be anywhere from a sprained ankle to head trauma. Sports can leave a window of uncertainty open on when or how a child could be hurt. Be sure to have all the proper safety gear in place for your child and get regular checkups to ensure there are no hidden issues that could arise from their sports involvement. Of course, don’t forget that adults aren’t exempt from sports injuries as well and should be cautious and not overlook safety guidelines suggested for the sport they’re involved in.
Bicycle and Motorcycle Accidents
When it comes to summer, there’s a lot of traveling occuring. On top of this, people like to utilize various modes of travel that aren’t possible or as popular during the cooler months. This includes mopeds, street bikes, motorcycles, bicycles, etc. These types of transportation have to share the road with motor vehicles which can get dangerous at times, especially in heavy traffic. With as busy as people are during the summer months, crashes involving these types of transportation tend to go up in number. Be careful when driving and sharing the road with these modes of transportation and ensure you’re wearing and covering as many safety precautions as possible if you operate one on a roadway.
As mentioned, the amount of travel people are doing goes way up when the summer months hit. Due to this, the amount of car accidents also rises throughout summer. Be aware that you’re not the only added traveler when summer hits and prepare/e aware of extra drivers on the road.
It’s always smart to observe safety parameters during any activity we might be involved in. This doesn’t just go for summer, but throughout the year. However, the accidents listed above are prone to happen more often and frequently when summer hits so, it’s good to be aware of this timing and up the awareness to compensate.
After a traumatic incident occurs, it can be difficult and even confusing to know what the next step is, if any. It’s common for those involved in traumatic incidents to lack proper information into the rights they possess. Knowing what rights you have can help incidents like a traumatic brain injury, feel a little less overwhelming. If you or a loved one has gone through this experience, here is a bit of information on your rights and the steps you should take during the process.
Your First Steps
If you hit your head and there are symptoms arising afterwards, seek medical care as quickly as possible. Even minor head injuries can be quite serious and cause other issues if left untreated. Further, if your incident occurred at work, in a car accident, or other place where someone may be held liable, getting medical care will provide proof of the injury and help with the timeline of events. Sometimes, incidents may occur that do not involve the liability falling on another person. However, brain injuries can be a life-changing event and are often caused at work, in car accidents, etc. This means you shouldn’t be the one to handle all the burdens a brain injury can lay in your lap.
Contact an Experienced Lawyer ASAP
It can be common for people to move quickly in order to protect themselves when it involves an incident they may be liable for. This is why it’s important to protect your rights as soon as possible. Bringing in an experienced lawyer as soon as everything starts to happen can ensure things are handled properly from the beginning. An experienced attorney can ensure your rights are protected and followed to the letter while you go through such a burdening event.
Listen to Professional Advice
We often times want to argue with our doctors and lawyers about certain matters. Sometimes this is warranted however, other times we need to listen to the professionals. We hire them for a reason and it’s because they know what they’re doing. This means you’ll want to follow the treatment and medical plan given to you by your doctor. Some hiccups can occur if a patient during a case doesn’t follow a treatment plan. Further, listen to the tips your attorney will offer you. For example, he/she might tell you to avoid discussing matters freely on social media or with friends and family. This often can also cause hiccups and make the process harder or longer. It’s important you stay aware of your actions and think about how those actions can interfere with your case.
If you or a loved one have experienced a traumatic brain injury, contact an experienced attorney as soon as possible. Not all incidents involving brain trauma require cases however, many do and you’ll want to make sure your rights are covered.
Sports accidents cover all accidents that occurred during a sports activity practiced within a club, during activities of recreation, or during physical education and sports classes.
Here are the main conclusions: Young people are much more worried about traffic accidents than sports accidents while the frequency of these is significantly higher: each year 850 000 young people aged 12 to 19 are victims of this type accident (with consultation with a doctor or hospital).
For all sports, boys are more exposed than girls because of more frequent sporting practice, a choice of more dangerous activities and greater risk-taking.
Accidents due to ball sports are the most frequent because these are more practiced. Gymnastics, skiing, and cycling are often sports causing trauma. Cycling and skiing are also, with motorsports, horse riding and tennis, the sports that cause the most serious accidents (rate and/or duration of hospitalization).
The type of injury varies greatly depending on the sport practiced. For example, cycling or riding accidents often affect the head, neck and the upper limbs of the body (with fractures) while the accidents of tennis, athletics or jogging are more likely to affect the lower limbs of a body (with sprains). Young victims (15-19 years old) of accidents of everyday life (most of them are accidents related to sports or leisure activities) are teenagers who more frequently report adopting other risk behaviors in relation to certain addictions: alcohol, tobacco, and cannabis. Moreover, they declare themselves in less good physical health.
Sports injuries affect different parts of the body according to the chosen sport and the place of practice:
- – The lower limbs (56.8%), more specifically the ankle and knee
- – Upper limbs (26.8%), especially the head and neck
Sports that cause a sprain most frequently are jogging, tennis and ball sports.
Sports most often causing a fracture are contact sports, horse riding, and skiing.
In the age group 10/24 years, the average duration of hospitalization following a sports accident is 7 days. In 20.2% of the cases, reeducation sessions will be practiced. 1 accident out of 7 leads to a school break, and 6 out of 10 will be followed by a dispensation of physical education.
13% of young people aged 10 to 24 years old will remain uncomfortable, especially among the older of them and the girls. 17% will have scars and 16.5% will remain marked on the psychological plan. The severity of sequelae is considered important in 10% cases, and more than a third of them will have direct consequences on everyday life.
Another danger: the misperception of the risk
Young people’s fears include fear of traffic accidents (dominates), regardless of age and gender. Thus, the perception of risk is very far from reality. Teens who are most afraid of accidents are also those who have been most victims in the last 12 months (21.1% of young people declare have had an accident). Overall, the expression of fears about health is less strong in young people than in adults.