Seeing your child in pain is one of the worse things to experience. But what happens if someone caused that pain? Naturally, you’ll want to fight for your child’s rights and ensure they get the compensation they deserve.
Below are some important points for dealing with New Jersey personal injury claims that involve children.
Common New Jersey Personal Injury Claims Involving Children
Any injury is awful, but injuries to children can be particularly tragic. Whether your children are on playgrounds, at school or in daycare, you trust these places to be safe for your little ones. Sometimes, though, a lack of supervision, safety or protection can result in an injury.
Some of the most common causes of child injuries in New Jersey include:
- Swimming pool accidents
- School bus accidents
- Car accidents
- Dog bites
- Chemical and household injuries
- Dangerous children’s products
- Fireworks and playground accidents
- Slip and falls
What Happens When the Injury Happens at School?
Bringing a lawsuit against a public school in New Jersey is a complex area. There are strict time limitations on when to bring the action along with how much can be awarded for your child’s personal injury.
In fact, there are specific rules that limit when and how public schools can be sued. It’s known as governmental immunity and an experienced personal injury attorney can help you with negotiating claims against the school.
You may also have the right to present your claim to the school’s insurance carrier. If you go this route, it’s important to have a knowledgeable attorney present who can review proposed settlements the insurance company may give you. This ensures you don’t unintentionally waive your child’s rights and helps you to decide whether or not to pursue a negligence lawsuit against the school.
Who Can Bring a Claim on a Child’s Behalf?
While some parents wait until their children are adults to let them take charge of their own claims, an experienced New Jersey personal injury attorney can help represent minors and adults who were injured when they were younger.
But there is a time limit on filing a lawsuit against a negligent party. Many parents do recognize the issues associated with delaying this process. That’s why parents and guardians can act on the injured child’s behalf, or the court can appoint someone to act as a guardian ad litem. This is someone who works with the attorney to make sure your child’s interests are best represented.
What About the Money a Child Recovers?
If your child is injured as a result of someone else’s negligence, he or she may be awarded a settlement claim. In such cases, the money is deposited with the court in your county. The money then remains in a Surrogate’s account which means the court holds the money for your little one until they turn 18. Between the time of the settlement agreement and your child turning 18, the money stays in the account and earns interest.
Be Aware of Those Deadlines
For claims against towns, cities, parks, public schools, and other public entities, you must file a Notice of Claim within 90 days of the incident. Failure to do so could mean not getting the payout your child deserves.
Even if your child’s accident is relatively straight forward, it helps to have a New Jersey personal injury attorney on your side to fight for your child’s rights.
If your child has been injured, meet with an attorney as soon as possible to discuss the situation and determine what rights to compensation your child has.
Book a consultation with the knowledgeable personal injury lawyers at Malamut & Associates LLC today.