When children get seriously injured in an accident due to another’s negligence, it can significantly impact their families and loved ones. A parent or legal guardian may have the right to take legal action to seek compensation for their child’s medical expenses and pain and suffering, among other damages.
While it may be possible to recover damages on behalf of an injured child, it is important to know that personal injury cases for minors work differently than cases for adults. Our personal injury lawyers in Oshkosh discuss filing an injury claim for a child injury and the compensation that may be available.
Reach out today to set up a free initial consultation. You are under no obligation to hire our firm after this meeting. If you have a valid claim, we charge zero upfront fees and no fees unless we help you win.
Learn more by calling (920) 260-4528.
How Does Wisconsin Define a Minor?
In Wisconsin, a minor is anyone under the age of 18 who is unable to file a lawsuit on their own. It is someone who has not yet become an adult. In the eyes of the law, 18 is the age of majority when someone becomes an adult and is no longer considered a minor.
Causes of Child Injuries Due to Negligence
There are several situations that can lead to a child being injured. These injuries are often caused by another’s actions or inaction. Some of the most common causes of child injuries include:
- Auto accidents
- Dog bites
- Playground accidents
- Swimming pool accidents
- Premise liability accidents
- Daycare accidents
These situations can cause a child to suffer serious injuries, such as multiple bone fractures, a traumatic brain injury, a back or neck injury or a spinal cord injury. These injuries may cause temporary or permanent damage, resulting in significant medical bills and impacting a child’s life into adulthood.
Taking Legal Action on Behalf of a Child
If a child under the age of 18 gets injured in an accident due to another’s negligence, the child’s parent or legal guardian may be able to file an injury claim or lawsuit on his or her behalf. If his or her case has not yet been resolved, a child is able to personally file a claim or lawsuit once he or she turns 18.
Wisconsin has a statute of limitations or deadline by which an injury claim must be filed. This is different for a child than for an adult. Generally, you have three years from the date of injury as an adult. Once this deadline has passed, adults are unable to file lawsuits against the negligent party.
If the injured party is a child, the statute of limitations expires two years after the child turns 18 or three years after the accident, whichever is later. Children who become adults can file a lawsuit until they reach the age of 20. This law gives a child the opportunity to decide on his or her own whether to sue for a personal injury.
For instance, a child is injured in an auto accident caused by a negligent driver. Since the child is under the age of 18, the child cannot file his or her own injury claim. The child’s parent or legal guardian may file on the child’s behalf. Otherwise, there is nothing the child can do but wait to file a claim.
If your child has been injured in an accident, it is in your best interest to consult with an experienced lawyer before making any important legal decisions. A lot of time and resources go into strengthening a claim for compensation. A lawyer at our firm is here to offer legal advice in a free initial consultation.
Compensation Available for an Injured Child
The compensation an injured child’s parent or guardian may be able to recover may include:
- Medical expenses
- Future medical care
- Long-term care
- Rehabilitation costs
- Pain and suffering
If a settlement is reached for the minor, the settlement must be recommended by a guardian ad litem and approved by a Wisconsin circuit court judge.
If a settlement is awarded and approved by a court, the parent or guardian of the injured child does not receive the money. The funds are put into a protected account. The child’s parent or legal guardian must petition the court each time to withdraw funds. Once the child turns 18, the funds are then released to him or her.
Contact Our Firm for Trusted Legal Help
Sigman Janssen has helped many injury victims and their families over the years pursue maximum compensation for their damages, including medical bills, lost wages, and pain and suffering. To date, we have recovered millions of dollars on behalf of our clients throughout the state of Wisconsin.
Contact us today to schedule a free consultation to discuss your injury claim. There are no upfront fees for our services. You only pay us at the end of the legal process if we obtain compensation for you.
Available 24/7 to take your call: (920) 260-4528