Accident cases involving child victims are more complicated than situations where an adult is hurt, so an experienced Burlington, VT personal injury lawyer is a big help. At Larson & Gallivan, we understand all the different wrinkles involving accidents with child victims. The good news is that your child is entitled to compensation for various damages when someone hurts them negligently or intentionally. However, the process requires more judicial oversight since children cannot form their own contracts. Call our office for immediate assistance. We understand how to file child injury cases, and we can negotiate on behalf of your family.
We Can Help with All Child Injury Cases
Children can be hurt in the same accidents as adults:
- Car crashes
- Bicycle accidents
- Truck accidents
- Pedestrian collisions
- Slip and falls
- Near-drowning accidents
Sometimes children and their parents are hurt in the same crash, and our firm can, in some cases, handle claims for both parents and children. Other times, we will help you find separate lawyers for different family members, depending on the needs of the case. As an example, your family’s van might have been struck by a tractor-trailer, injuring all the occupants.
But other children are hurt at school due to a defect on the premises, or if they are attacked because the school did not have sufficient supervision. There is a question of evidence, since children are so young, they might not be able to express themselves effectively.
After any accident, take your child to the doctor or hospital for treatment. Then call our firm. The process for bringing an injury claim is different for children, and we can explain the process in detail during a consultation.
Children Cannot File Their Own Lawsuits
As minors, children cannot file a lawsuit on their own behalf. Instead, a parent or legal guardian needs to file for them.
Children also cannot consent to settle a claim. A personal injury settlement is essentially a contract. The victim gives up the right to sue in exchange for financial compensation. However, Vermont considers any contract void if one party is underage. Although parents can try to settle a claim for their child, the court system gets involved.
Children Get More Time to Sue—But Be Careful
Vermont’s statute of limitations lays out the maximum amount of time someone has to file a lawsuit. Under 12 VSA § 512, adults get three years.
Children get longer. The clock does not start to run until the child reaches age 18, so they could possibly wait until 21 to sue. (12 VSA § 551.)
However, you should not delay talking to an attorney. We end up negotiating a settlement for most of our child victim clients, and the process should begin as soon as possible. We want to gather evidence before it disappears, and that means starting quickly to assemble a case.
The Process for Settling a Minor’s Personal Injury Claim
The state does not fully trust parents to negotiate a fair settlement for their children. For this reason, Vermont involves the judiciary when it comes to settling an accident claim.
In particular, judges must scrutinize the proposed settlement and sign off before it can go into effect. Judges will be most focused on whether the settlement is fair in light of the child’s injuries and pain. For example, a child with a permanent brain injury might never work a day of their life because of disability. They should request loss of earning capacity damages.
Judges do not rubber-stamp the proposed settlement. Instead, judges are focused on what is in the child’s best interest. Parents need a lawyer who can explain to a judge that the settlement is the best a child can get and is fair.
Ongoing Oversight of Settlement Proceeds
A settlement for a child victim usually covers:
- Past and future medical care
- Lost income and loss of earning capacity
- Pain and suffering
- Property damage
Parents might be entitled to some of these proceeds. For example, parents usually pay for their child’s medical care, so they should be reimbursed. The parents’ car might have been totaled also, so they deserve compensation to get it fixed or replaced.
However, some of the settlements belong solely to your child. That includes compensation for pain and suffering, mental distress, and loss of earning capacity.
Vermont requires that judges have ongoing oversight of claims that are worth more than $1,500. Parents will need to hold the proceeds in trust and then provide regular reports to the court. This process protects the settlement for when your child reaches adulthood.
These Are Challenging Cases
With luck, your child will make a full and quick recovery. But some children are seriously injured, and they can sustain long-term disabilities. Your child could have ongoing medical needs for decades. Calculating how much compensation to request is a difficult task.
Brain injuries are especially tricky. A child’s brain continues to develop until their early 20s. Any concussion or other injury could have long-lasting effects, impairing your child’s ability to learn or hold a job. We work with medical experts to fully understand your child’s injury.
We can also help parents understand how to hold the money safely for their child’s use in the future. We will keep in contact with the courts and ensure you meet all requirements.
Not every personal injury lawyer is prepared to help child victims. Make sure your lawyer has adequate experience with these cases and can effectively advocate for your family.
Call to Speak with a Burlington, VT Personal Injury Lawyer
Parents would do anything to keep their children safe. When someone negligently hurts your child, now is the time to act. Reach out to Larson & Gallivan Law to talk with our personal injury team about your child’s injuries. We can answer your questions and review whether you can seek compensation.
If hired, we can tackle your case from beginning to end and work to get a judge’s approval for any settlement. In some cases, a lawsuit is the better path to fair compensation, and we can discuss the steps involved. Give us a call to schedule a free consultation.
