Personal injury cases are difficult to deal with for anyone. But when the person suffering from the personal injury is your child, then that can make things even harder. This is why it is very important to know both your rights and your child’s rights in the event that they get into an accident. There are many different types of child personal injury cases which occur every day. If your child has been hurt in Charlotte, North Carolina, you should contact a personal injury lawyer at Ted A. Greve & Associates who can review your case and find out the best options for you.
These types of personal injury cases are not easy to go through, and one of our lawyers can help you in the event that you are dealing with a difficult child personal injury case.
What is a Child Personal Injury?
Child personal injury claims occur when a child is injured due to a person’s negligence or during an accident. These types of claims can be complicated and complex and are typically subject to many different types of laws and rules that other personal injury claims are not subject. For example, North Carolina law states that when a child is injured in a car accident due to the negligence of another driver, there are two types of claims which the child is entitled. These include medical expense claims related to the child’s injuries as well as claims related to pain and suffering.
Common Types of Child Personal Injury Cases
Child personal injury cases cover a wide variety of accidents. Some of the most common types of child personal injury cases include:
- Car accident injuries
- Daycare injuries
- School bus accidents
- Playground accidents
- Swimming pool accidents
- Amusement park accidents
- Dog or other severe animal bites
- Defective toys and products
- Birth injuries
- Vehicle backup accidents
- Medication errors
No matter what event triggered your loved one’s personal injury, these types of cases are complex and difficult to deal with because of the different laws associated with personal injury to minors in North Carolina.
Who Can File a Child Personal Injury Claim in Charlotte, North Carolina?
When an injured child is currently a minor, then any compensation for medical expenses or pain and suffering must be claimed by what is called a “guardian ad litem,” which is a third party appointed by the court who is responsible for protecting the interests of the child and for fair treatment in the settlement. The guardian ad litem is typically a member of the family or sometimes even the child’s attorney.
If you are seeking to claim medical expenses for your child’s personal injury, time is of the essence. There is a statute of limitations for parents filing a personal injury claim on behalf of their children, so must make sure you abide by that set timeframe. North Carolina law states that lawsuits related to personal injuries must be filed within three years of the date of the incident.
Once a settlement is reached, the court orders the settlement be held in a trust until the child turns 18. This money usually goes untouched unless the child’s parents require assistance to pay the child’s medical bills or to help support and raise the child.
In addition to the steps outlined above, minors (those who are under the age of 18) are entitled to file a lawsuit within three years of reaching the majority age. This is because children who have been through a traumatic event or suffered an injury do not have the mental capacity to file such a lawsuit. So if their parents do not do so on their behalf, then the state of North Carolina allows them the right to file a lawsuit until they reach 21 years of age.
Contact a Lawyer Today to Discuss Your Charlotte Child Personal Injury Case
If your child has been involved in an accident and has been injured, you will need to understand the complex child personal injury laws in North Carolina, which can often be difficult and complicated to understand without a lawyer. Child personal injury cases are very different from regular personal injury cases and carry their own sets of laws, regulations, and rules. Speak to a Charlotte personal injury attorney at Ted A. Greve & Associates today for help through this difficult process and to learn more about your legal options and what you should expect while seeking compensation for your child’s injury.