In an ideal world, every adult would be careful and considerate while around others, especially when young children are present. However, reckless or careless people commonly cause serious injuries to those around them. Sometimes, the injured parties are minors who suffer long-lasting or life-altering trauma. If another person’s reckless or careless act seriously hurts your child, you likely have grounds as their parent or legal guardian to file a suit over that injury.
Our dedicated personal injury attorneys at Doroshow, Pasquale, Krawitz, & Bhaya are available to help you with your claim. Regardless of the person you file a suit against or how much money you need to account for long-term losses, our Wilmington child injury lawyers will provide you with legal representation to achieve the best result.
Can a Parent File a Personal Injury Lawsuit on Their Child’s Behalf?
Under Delaware state law, children under the age of 18 cannot legally represent their own interests in court, so an adult—usually a parent or legal guardian—must file a suit on the child’s behalf. When pursuing a claim, the adult acting as the plaintiff on the minor’s behalf is required by law to act solely in the child’s best interests instead of their own financial interests.
Furthermore, a court must approve any settlement agreement made on a child’s behalf to compensate that child for injury damages, or the agreement will not be considered legally enforceable. An attorney in Wilmington can answer further questions about these and other procedural restrictions for cases involving an injured minor during a private initial consultation.
Fair Compensation for Past and Future Damages
Through a comprehensive lawsuit or settlement demand, you can seek compensation for economic and non-economic damages that result from your child’s injury. You can also demand recovery in advance for future losses expected to impact your child’s life, including:
- Long-term costs of specialized medical care, including physical therapy, prescription medications, and assistive equipment (such as wheelchairs)
- Lost working and earning capacity
- Disability-related expenses, such as in-home assistance and home or vehicle modifications
- Physical pain and discomfort
- Emotional trauma and distress
- Loss of overall enjoyment and quality of life
In most personal injury cases involving a minor, you or a capable Wilmington lawyer must formally begin legal proceedings prior to your child turning 18. If a minor wishes to pursue a claim on their own behalf, they typically have up to three years after their 18th birthday to do so.
Contact a Wilmington Attorney to Learn More About Personal Injury Cases Involving Children
Learning that another person’s reckless or careless act has seriously hurt your child is horrible for a parent. However, it is important to stay calm and proactively enforce your family’s right to civil recovery, especially if your child’s injury will cause them harm for a long time.
A Wilmington child injury lawyer from Doroshow, Pasquale, Krawitz, & Bhaya can be the steadfast ally you need to maximize compensation from your legal proceedings. Call us today to discuss your legal options.