With the right medical care, children can make remarkable comebacks from even the most serious injuries. That care, however, can impose onerous financial burdens on a child’s parents and caregivers.
When someone else’s negligence causes a child’s injury, the parents should contact a Huntsville child injury lawyer at Siniard Law to recover those resources. Our talented personal injury attorneys have the special knowledge and experience that is required to represent a child’s interests in a personal injury lawsuit.
How Are Child Injury Lawsuits Different?
Two procedural aspects of Alabama law make the filing of child injury lawsuits in Huntsville different from personal injury lawsuits that an adult would file, which include:
Children Cannot File Alabama Lawsuits Until They Are at Least 19 Years Old
State law classifies children as minors until their 19th birthday, which means they do not have the legal capacity to file lawsuits. However, a parent or legal guardian may pursue an accident and injury claim on the child’s behalf to seek compensation for their losses.
The Deadline for Filing an Alabama Child Injury Lawsuit is Two Years After the Child’s 19th Birthday
State law sets a two-year deadline for injured adults to file a lawsuit. For children, that deadline is paused until they reach the age of 19. However, this does not mean that a parent or legal guardian should delay pursuing a claim for damages. Prompt action may provide a stronger opportunity to pursue the maximum available damages when an Alabama child injury lawyer becomes involved soon after the child sustains harm.
Can an Injured Child Recover Damages if They Are Partially to Blame for the Accident?
Alabama follows the doctrine of strict contributory negligence, which bars an injured party from recovering compensation if they bear any degree of fault for the accident. However, state law recognizes that children below certain ages may not be legally responsible for their actions. Specifically:
- The contributory negligence defense will not apply if the injured child was under 7 years old when the accident happened
- If the child was between seven and fourteen years old, the court will assess the child’s ability to understand and appreciate risk to determine whether they bear any responsibility for the incident
Discuss with your child injury attorney in Huntsville how comparative negligence may affect the claims and defenses in an Alabama child personal injury case. The attorney should develop a legal strategy aimed at addressing and overcoming any comparative negligence arguments raised during the proceedings.
What Damages Can an Injured Child Recover in an Injury Lawsuit?
Depending on the evidence about the underlying accident, an injured child might recover:
- Costs and expenses for current and future medical care, including hospitalization, therapy, mobility equipment, and physician visits
- Reimbursement for wages that the injured child’s parents were unable to earn while caring for the child
- Income that the child might forfeit due to limitations caused by negligently induced injuries
- Non-economic losses, including compensation for the child’s pain, suffering, and inability to engage in childhood activities.
- If a negligent party’s actions were willful and wanton, punitive damages are awarded to penalize that party for egregious conduct. Punitive damages are capped at the greater of $500,000 or three times the amount of your compensatory damages.
Speak With a Huntsville Child Injury Lawyer Today
Child injuries are stressful, and that stress can take away from the attention your child needs to help him or her heal. When your child suffers an accidental injury, call Siniard Law to speak with a Huntsville child injury lawyer about how you can recover the compensation you need to reduce that stress and focus on your child.
We offer a client-focused approach that will keep you and your family fully informed on the progress of your case. You will pay nothing for our services, and we will earn our fees as part of the damages we recover from the parties who injured your child.
Contact us today for a consultation.
