There is a limited amount of time to file a claim for a child that was injured. New Jersey and Pennsylvania have a two year statute of limitations for personal injury claims, but if the injured person was a minor, the statute begins when he or she turns 18. This means that you have until the injured person turns 20 years old to file a claim. Timing is imperative for your case, so it is important to contact a child injury attorney as soon as possible.
Those liable for children’s injuries can vary greatly – property owners, schools and daycares, pet owners, or even other parents and children are just a few of the parties that need to act with a reasonable standard of care in order to prevent injuries to children. Known dangers to children, such as an unfenced swimming pool, will weigh heavily against a property owner in a court of law. The Humane Society estimates that 51% of dog bite victims are children. Children are most likely to be bitten by a dog between the ages of 5-9, according to the American Veterinary Medical Association.
Our team of child personal injury lawyers have handled several cases with child injuries including sexual assault by a teacher, school bus accident, defective automatic supermarket door, child sledding accident, negligent truck driver accident, dog bites, and inflatable bounce injury.
So many variables are considered when determining the level of responsibility assigned to a child. A judge or jury will consider the child’s age and if the child was acting age-appropriate. The child’s ability to understand and avoid danger will also be considered. In Pennsylvania and New Jersey there is a presumption that children under seven years old cannot be considered negligent.
A child injured by others’ negligence is entitled to compensation to cover current and future economic damages like medical expenses and wages in addition to compensation for pain and suffering and mental trauma. In catastrophic cases, your child injury lawyer will build a case to project the long term expenses that the family will have.
