A personal injury can occur in any sort of fashion. In regards to having a personal injury claim, the injury generally occurs through either intent or negligence on public or private property. Although personal injury law can help any individual seek justice for their injury, the legal standards differ on a case-by-case basis. The difference in these laws is most apparent in personal injury law when the injured party is a minor. When dealing with the injury of a minor, the laws differ depending on the age of the party, the type of claim being handled, and the state in which it is filed. Attorneys at reputable personal injury law firms understand the important differences pertaining to personal injury claims with minors. The laws surrounding these matters can be complicated, and it often takes proper legal representation from a personal injury attorney to make sure justice is upheld.

1. It is about both you and your child.

One major difference when dealing with claims involving minors is that minors cannot file suit. Therefore, you must file on their behalf. However, you will not be party to the suit, so you will receive neither compensation nor access to any settlement thereafter. You can, though, more easily recuperate medical and other incident-related expenses from the court. For example, in Florida, if the settlement exceeds $15,000, the court can appoint a guardian ad litem to administer the settlement via trust account until the claimant turns eighteen. In addition, the court has to appoint a guardian to administer the settlement if the amount exceeds $50,000. By administering these types regulations, the court can make sure the minor’s settlement is properly protected under a court of law.

Furthermore, in some states, you must obtain pre-approval from a court before filing a personal injury suit for your child. Florida is not, however, one of those states. An experienced personal injury attorney can explain your state’s laws.

2. The law applies differently for adults and children.

As the law differs from state to state, the legal thresholds also differ for negligence and intent in regards to liability of adults versus children. An injury while trespassing claim is a particularly good example to outline these differences.

If an adult falls into a neighbor’s pool while trespassing, said adult may be held as a responsible party for causing the injury and the neighbor, even if they were negligent in the pool’s upkeep, may not be found liable. Though innocent until proven guilty, the law also presumes that an adult is sufficiently aware of private property laws and therefore can take responsibility for his or her own actions. On the other hand, this presumption is not so for children. The law presumes that children have not had sufficient life experience or decision-making responsibilities and therefore cannot be held responsible for causing the incident that brought about the injuries. In fact, children under six cannot legally be found even partially negligent.

Thus, if the injured trespasser were a minor, the neighbor could indeed be held liable. He or she would be presumed aware of both the dangers inherent in pools and the need for proper upkeep. Similarly, however, the injured minor’s parent may also bear some legal responsibility. Engaging a knowledgeable personal injury attorney can be critically important in determining whether to file on an injured child’s behalf and what charges to levy.

If your child was injured anywhere on the Gulf Coast, contact Alexander Shunnarah & Associates. A personal injury attorney at our firm will know your state’s laws and can help you understand your child’s right to sue.