Introduction
When there is a personal injury claim involving a minor, utmost care and consideration must be taken. When
dealing with legal issues that affect a child, a variety of factors come into play, from the medical care
they require to the emotional distress they may experience.
In these situations, it can be difficult for parents or guardians to decide how to proceed because they may be unaware of their rights or what to
expect from the legal process. However, it is imperative to seek justice when a child is injured due to
someone else’s negligence.
It is therefore crucial to work with seasoned professionals like Wolfgram &
Associates who can guide you through the process and assist you in ensuring that your child receives the
appropriate compensation.
Situational clarification
A case involving a minor and a personal injury requires special attention and consideration. First and
foremost, the child’s health and recovery must be the primary concern. It is crucial to collect all relevant
medical records and expert opinions in order to determine the extent of the injuries and potential future
costs.
In addition, the age and developmental stage of the child must be considered when determining
the appropriate compensation and future care plan.
As it can be a traumatic experience for the child and
their family, it is crucial for all parties involved to approach the case with sensitivity. The ultimate
objective should be to ensure that the child receives the care and compensation necessary for their
recovery and future health.
Case Significance
A case involving a child’s personal injury is of the utmost importance due to the potentially lifelong
effects it can have on the child and their family. The physical, emotional, and financial repercussions can
be devastating and drastically alter a child’s life trajectory.
It is essential that the responsible party be held accountable for their actions and that the victim and their family be compensated fairly for their
losses. In addition, establishing a precedent for the appropriate treatment and representation of minors
in personal injury cases is crucial for safeguarding the rights and welfare of all children.
To ensure a brighter, safer future for our youth, we must prioritize the care and justice of minors in these cases.
Types of personal injuries claim involving a minor
Personal injury claims involving minors require a great deal of compassion and sensitivity. Ultimately,
young people who sustain injuries should receive adequate compensation to aid in their recovery. There
are various types of personal injury claims in which children may be involved, including automobile
accidents, dog bites, slip-and-fall accidents, and medical malpractice.
Vehicle accidents
Due to their smaller size and frailer bodies, children are especially susceptible to vehicle collisions.
Dog Bites:
Victims of dog bites can sustain lifelong injuries and develop irrational animal phobias.
Slip-and-fall accidents:
Slip-and-fall accidents can occur in a variety of environments and can result in severe injuries, especially
for young children.
Medical malpractice
Medical Malpractice can have devastating effects on the health of young patients and their families.
Considerations when submitting a claim for a minor
Limitation of liability
In Missouri, the statute of limitations for filing a personal injury claim involving a minor is typically
extended until the child’s 20th birthday. This extension provides the child and his or her guardians with
additional time to pursue legal action. To ensure that evidence is preserved and witnesses’ memories
are still fresh, it is essential to initiate the legal process as soon as possible.
Legal guardianship
During the personal injury claim process, a parent or legal guardian or close relative must represent the
minor’s interests and act in the child’s best interest. This individual must make crucial decisions on the
minor’s behalf, such as accepting settlements or pursuing litigation.
Insurance coverage
When filing a claim on behalf of a minor, insurance coverage is a vital consideration. Depending on the
nature of your injury, you may need to rely on the at-fault party’s liability insurance, your own
insurance, or a health insurance policy. An experienced personal injury attorney can help you seek fair
compensation from the appropriate insurers.
Burden of proof
As with adult personal injury claims, the claimant has the burden of proving that the defendant’s
negligent or intentional conduct caused the minor’s injury. Gathering extensive evidence, such as
photographs, medical records, and witness statements, is essential for building a solid case.
Steps to take when filing a claim for a minor’s personal injury
Obtain medical care
Following a child’s injury, the first priority is to obtain immediate medical care. Prompt medical care can
lessen the severity of the injuries and provide evidence of the nature and extent of the harm for the
personal injury claim.
Collect evidence
It is important to collect evidence to support for personal injury claim involving a minor. Photographs
of the accident scene and injuries, medical records, receipts, and witness statements are crucial pieces
of evidence. The more solid evidence you amass, the more convincing your argument will be.
Contacting a lawyer
A skilled and seasoned personal injury lawyer at Wolfgram & Associates can navigate the complexities of
a personal injury claim involving a minor. Wolfgram & Associates will provide guidance throughout the process, assist in
gathering evidence, and determine the appropriate amount of compensation to seek on behalf of the
minor.
Submit the claim
After gathering all necessary evidence and consulting with an attorney, you must file a personal injury
claim on behalf of the child. A lawyer can help prepare and submit the necessary documents to initiate
the legal process.
Calculating damages for personal injury claim involving a minor
Medical expenses
A significant portion of the damages in a personal injury claim involving a minor are medical expenses. These costs
can range from visits to the emergency room and surgical procedures to rehabilitation and ongoing
medical care. In the claim, it is essential to account for both current and future medical expenses.
Pain and Suffering
Minors have the right to compensation for both physical and emotional pain resulting from their
injuries. As each case is unique, quantifying these damages can be more difficult. Taking into account
the severity and duration of the harm, an experienced attorney can assist in determining an appropriate
amount for pain and suffering.
Future damages
Future damages may include a variety of categories, such as anticipated future medical expenses, loss of
earning capacity due to permanent disability, and ongoing emotional distress. Including these damages
in a personal injury claim involving a minor can help ensure that a minor is compensated for the long-term effects of
their injuries.
Settlement negotiations and legal proceedings
Significance of negotiation
Negotiating with insurance companies or opposing parties is a crucial component of filing a personal
injury claim. The majority of claims are settled outside of court, and an experienced Wolfgram &
Associates attorney can negotiate favorable settlement terms for the injured child.
All proposed settlements in cases involving children must be approved by the court. The court will determine
whether the settlement is in the child’s best interest. If an equitable settlement cannot be reached
through negotiation, litigation may be required.
Litigation alternatives
It may be necessary to file a personal injury lawsuit if a reasonable settlement agreement cannot be
reached. The litigation procedure can be lengthy and intricate, but it may ultimately result in the minor
receiving maximum compensation. A qualified personal injury lawyer at Wolfgram & Associates can
guide you through the litigation process and ensure that the minor’s rights and interests are adequately
represented.
Conclusion
Closing thoughts
In Missouri, handling a claim for personal injury involving a minor presents unique challenges and
considerations. For the child’s future well-being, it is essential that they receive fair and sufficient
compensation for their injuries. It is imperative to retain an experienced personal injury attorney who
can navigate the complexities of these cases and advocate for the injured child’s best interests.
Next Steps
The following steps are critical if you are currently facing a claim for personal injury involving a minor:
1. Immediately seek medical care for the child.
2. Gather evidence and keep detailed records of the incident and the child’s medical care.
3. Consult a knowledgeable personal injury attorney. Wolfgram & Associates is an experienced law
firm that offers free consultations to evaluate your case and provide legal counsel.
These steps can help safeguard the minor’s future and well-being by protecting their rights and securing
fair compensation for their injuries.
