Filing a Personal Injury Claim for Your Child: What New Jersey Parents Need to Know After an Accident

September 4, 2024

Accidents involving children are incredibly traumatic for families, and when a child is injured due to someone else’s negligence, parents often feel overwhelmed and unsure of where to turn. In New Jersey, parents have the legal right to file a personal injury claim on behalf of their child, seeking compensation for medical expenses, pain and suffering, and other damages.

This blog will provide a comprehensive guide for parents navigating the legal process after their child has been injured in an accident.

Understanding Negligence in Child Injury Cases

When a child is injured, determining whether someone else’s negligence caused the incident is critical. Negligence occurs when an individual or entity fails to exercise reasonable care, resulting in harm to another person. In child injury cases, negligence can happen in a variety of settings, including:

Playground accidents: Injuries from faulty playground equipment or unsafe conditions can lead to claims against the property owner or municipality.

Car accidents: If a child is injured in a car accident caused by a negligent driver, the child’s family may be able to file a claim against the at-fault driver.

Daycare injuries: Daycare centers are responsible for ensuring the safety and well-being of the children in their care. If a child is injured from an accident due to lack of supervision or dangerous conditions, the daycare could be held liable.

School injuries: Schools have a duty of care to keep students safe during school hours. Injuries caused by unsafe conditions or negligent supervision could lead to a personal injury claim.

Dog bites: Children are frequent victims of dog bites, and New Jersey’s dog bite laws hold dog owners strictly liable for injuries caused by their pets, regardless of the dog’s prior behavior.

Understanding the legal concept of negligence is the first step in determining whether a child injury lawyer can help you pursue a claim for your child’s injuries.

What Compensation Can Parents Seek in a Child Injury Claim?

If your child was injured due to negligence, you may be able to seek compensation for several types of damages. These damages aim to cover the financial and emotional impact of the injury on both the child and the family.

Medical Expenses

Medical bills are often the most immediate concern for families after a child is injured. You can seek compensation for:

Emergency room visits
Surgeries
Hospital stays
Ongoing medical care
Rehabilitation or physical therapy
Prescription medications

A personal injury claim can help ensure that you are not burdened with medical debt as a result of your child’s injury.

Pain and Suffering

In addition to medical expenses, children who have been injured may be entitled to compensation for pain and suffering. This includes both the physical pain they experience and the emotional distress caused by the injury. For children, these injuries can be particularly traumatic, and compensation for pain and suffering helps account for the emotional toll.

Long-Term Care Costs

If your child’s injury results in a permanent disability or requires long-term care, you may be entitled to seek compensation for future medical expenses. This includes costs associated with ongoing medical treatment, special education, or accommodations for a child with disabilities.

Loss of Enjoyment of Life

Some injuries can prevent a child from participating in activities they once enjoyed, such as sports or social events. Compensation for loss of enjoyment of life accounts for the impact the injury has had on your child’s ability to engage in everyday activities.

Filing a Personal Injury Claim on Behalf of Your Child

Filing a personal injury claim for a child in New Jersey is similar to filing a claim for an adult, but there are important distinctions. Since minors cannot file legal claims themselves, parents or legal guardians must act on their behalf.

Hiring a Child Injury Lawyer

One of the first steps in filing a personal injury claim for your child is consulting with a child injury lawyer. An experienced lawyer will guide you through the legal process, assess the strength of your claim, and help you gather the necessary evidence to prove negligence. They will also negotiate with insurance companies on your behalf, ensuring that you receive fair compensation for your child’s injuries.

Gathering Evidence

In order to prove that negligence caused your child’s injury, you will need to gather evidence that demonstrates the responsible party’s failure to provide reasonable care. This can include:

Photographs of the accident scene
Medical records detailing your child’s injuries and treatment
Witness statements
Any official reports, such as a police report or incident report from the school or daycare

Filing the Claim

Once you’ve gathered the necessary evidence, your lawyer will help you file the claim. In New Jersey, personal injury claims involving children may have different statutes of limitations, depending on the nature of the injury and the circumstances of the case. It’s important to file the claim as soon as possible to avoid missing any deadlines.

Settling the Claim

Many personal injury claims are settled out of court, meaning that the responsible party’s insurance company may offer a settlement before the case goes to trial. Your lawyer will negotiate with the insurance company to ensure that you receive a fair settlement. If the settlement offer is insufficient, your lawyer may advise taking the case to court.

Common Questions About Child Injury Claims in New Jersey

Q1. How long do I have to file a personal injury claim for my child?

The statute of limitations for filing a personal injury claim in New Jersey is generally two years from the date of the injury. However, for injuries to children, the statute of limitations may be extended until the child reaches the age of 18. It’s essential to consult with a child injury lawyer to ensure that your claim is filed within the appropriate time frame.

Q2. What if the injury occurred at school or daycare?

If your child was injured at school or daycare, you may be able to file a claim against the institution for negligent supervision or unsafe conditions. Schools and daycare centers have a duty to provide a safe environment for children, and failure to do so can result in liability.

Q3. Can I file a claim if my child was partially at fault?

New Jersey follows a comparative negligence rule, meaning that even if your child was partially at fault for the accident, you may still be able to recover compensation. However, the amount of compensation may be reduced based on the percentage of fault attributed to your child.

Why You Need a Personal Injury Lawyer for Your Child’s Injury Claim

Navigating the New Jersey legal system on your own can be overwhelming, especially when you’re dealing with the emotional and financial impact of your child’s injury. A personal injury lawyer with experience in child injury claims can help you:

Understand your legal rights
Gather and present evidence to support your claim
Negotiate with insurance companies for a fair settlement
Take your case to court if necessary

Hiring an experienced lawyer like those at Bramnick Law will allow you to focus on your child’s recovery while ensuring that your family receives the compensation you deserve.

Contact Bramnick Law – Your Trusted Child Injury Lawyers in New Jersey

If your child has been injured due to negligence, it’s important to act quickly to protect their rights. At Bramnick Law, our experienced child injury lawyers are here to guide you through the claims process and fight for the compensation your family deserves.

Contact us today at 866-845-5571 or through our online contact form to schedule a consultation and learn how we can help with your child’s personal injury claim.