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How Are Cases Involving Injuries to Minors Different?
As a parent and an injury lawyer in Central Illinois, I take cases involving injuries to children especially seriously. In fact, many of my colleagues at our firm are also parents, and we all believe that protecting our kids is sacred.
When a child is injured, we want to do everything we can to get justice for them and ensure we gather every resource to give them the best recovery and shot at a normal life after an injury.
In this blog post, we will explore some of the fundamental ways that cases involving injuries to children are different from other cases.
Minors Take Longer to Recover
One of the most significant differences between injuries sustained by adults and children is the length of time that it takes to recover.
A young person who suffers an injury may have a much longer road to recovery than an adult with a similar injury. This means that it is especially important to consider the future risks facing the children and any potential medical procedures necessary down the line.
Laws and Rules Are More Favorable to Children
Another important difference between cases involving injuries to children versus adults is that the laws and rules are different in some ways that are favorable for children. For example, in many cases, where for an adult client, we may have to reimburse a large medical bill or medical lien out of the settlement. Often in cases involving children, we can get an insurance carrier to waive liens to ensure we get more money and resources to the child.
Additionally, certain legal protections are in place for minors that are not available to adults. For example, there are restrictions on the amount of time a minor has to file a personal injury lawsuit, and there are limits on the amount of money that can be awarded in a settlement or verdict involving a minor.
These protections are in place to ensure that children receive the compensation they deserve while also protecting them from potential exploitation or harm.
Recovery and Settlement Become More Complex
Finally, one of the biggest differences in cases involving minors and children is the added complexities and considerations in handling the recovery or settlement.
Many options are available, such as setting up a guardianship account, exploring a structured settlement, or working out different arrangements with banks or trustees. However, each solution should be tailored to the individual child’s needs and consider what will produce the best final outcome for the child.
For example, a structured settlement may be a good option for a child who will require ongoing medical care and may be unable to work as an adult. On the other hand, a lump sum payment may be more appropriate for a child who has suffered a one-time injury that will not require ongoing medical care.
Choosing the Right Law Firm
Injuries sustained by children differ from those sustained by adults in several ways. The road to recovery for a child may be longer, there are legal protections to ensure that children receive the compensation they deserve, and the recovery and settlement process can be more complex.
Because of the added complexities and sensitivities involved in handling cases involving injuries to children, we highly recommend that you work with a law firm with experience dealing with these types of cases.
At Onward Injury Law, we have extensive experience working with families and children who have suffered injuries, and we understand the unique challenges and considerations involved. Please contact us with any questions or concerns about an injury case involving a child. Our team of experienced personal injury lawyers is here to help you and your family through this difficult time.
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