{"id":6362,"date":"2020-10-18T17:40:00","date_gmt":"2020-10-18T17:40:00","guid":{"rendered":"https:\/\/301webdemo.com\/zaylaw\/blog\/what-happens-to-a-personal-injury-claim-when-a-child-is-involved\/"},"modified":"2026-08-18T09:07:52","modified_gmt":"2026-08-18T09:07:52","slug":"what-happens-to-a-personal-injury-claim-when-a-child-is-involved","status":"publish","type":"post","link":"https:\/\/301webdemo.com\/zaylaw\/blog\/what-happens-to-a-personal-injury-claim-when-a-child-is-involved\/","title":{"rendered":"What Happens to A Personal Injury Claim When a Child is Involved"},"content":{"rendered":"\n

Nothing in life is as precious as a child. We do the best we can to protect them, but no matter how hard we try, accidents and injuries can occur. Whether it\u2019s a faulty toy, product, equipment or negligence from a person or organization, a personal injury claim<\/a> can be made on the child\u2019s behalf.<\/p>\n\n\n\n

What types of incidents can occur?<\/strong><\/h2><\/p>\n\n\n\n

Sadly, you can\u2019t bubble wrap a child to ensure they don\u2019t get hurt, and there are a number of ways or situations where personal injury could happen to a child:<\/p>\n\n\n\n

An accident at school<\/strong><\/h2><\/p>\n\n\n\n

A very common place for accidents to occur with children is in a school setting, such as a daycare, in the classroom, or on the playground.<\/p>\n\n\n\n

Injuries from playing sports<\/strong><\/h2><\/p>\n\n\n\n

Sports are a great way to promote a child\u2019s self-confidence, and extracurricular sports activities are all about being active and having fun, which is important. But an accident could occur at any time while running in a field, swimming, tobogganing or playing a contact sport.<\/p>\n\n\n\n

Neglect from caregivers<\/strong><\/h2><\/p>\n\n\n\n

Whether it\u2019s a daycare teacher, babysitter or any other caregiver, an injury could take place in a split second if an eye is taken off the child, or if the environment has not been childproofed. As any parent knows, a child can get up to quite a bit in the span of a few seconds.<\/p>\n\n\n\n

Motor vehicle accident<\/strong><\/h2><\/p>\n\n\n\n

Being involved in an automobile accident<\/a> is a scary experience for someone at any age, but a child is likely to suffer more injuries in an accident than an adult due to the pressure of seat beats, whiplash and not knowing how to brace themselves for impact.<\/p>\n\n\n\n

<\/p>\n\n\n\n

Defective products<\/strong><\/a><\/h2>\n\n\n\n

<\/p>\n\n\n\n

Something as simple as a toy that is improperly made could severely injure a child. With the way many toys and products are mass-produced, a defective item might slip through the final inspection process and could lead to a wide assortment of problems.<\/p>\n\n\n\n

A litigation guardian<\/strong><\/h2><\/p>\n\n\n\n

A minor (anyone under the age of 18) cannot bring a case up on their behalf. They need a litigation guardian. This is generally a parent, family member or legal guardian<\/a>. This person must volunteer to act on the child\u2019s behalf. If the child has no one to stand for them, the court may appoint a litigation guardian.<\/p>\n\n\n\n

The child always comes first<\/strong><\/h2><\/p>\n\n\n\n

After already going through a traumatic incident, the last thing a child needs is to go through an intimidating and frightening experience spent in a courtroom. The court will have complete oversight to review and approve or disapprove settlement offers<\/a>, which they will look to do as quickly as possible to avoid further stress on the child.<\/p>\n\n\n\n

Limitation periods and giving evidence<\/strong><\/h2><\/p>\n\n\n\n

A personal injury lawsuit<\/a> must be started within two years of the date that the accident happened. But, when it comes to the child being a minor, the limitation period doesn\u2019t begin until the child turns 18.<\/p>\n\n\n\n

When it comes to giving evidence, a judge will conduct an evaluation of the child if under the age of 14 to ensure competency before allowing their evidence to be admissible in court.<\/p>\n\n\n\n

If your child has been injured, contact<\/a> the compassionate professionals at Zayouna Law<\/a>. We are here for you and your family to help make a difficult time go as smoothly and quickly as possible.<\/p>\n","protected":false},"excerpt":{"rendered":"

Nothing in life is as precious as a child. We do the best we can to protect them, but no matter how hard we try, accidents and injuries can occur. Whether it\u2019s a faulty toy, product, equipment or negligence from a person or organization, a personal injury claim can be made on the child\u2019s behalf. […]<\/p>\n","protected":false},"author":2,"featured_media":6361,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[28],"tags":[],"class_list":["post-6362","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/posts\/6362","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/comments?post=6362"}],"version-history":[{"count":0,"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/posts\/6362\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/media\/6361"}],"wp:attachment":[{"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/media?parent=6362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/categories?post=6362"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/301webdemo.com\/zaylaw\/wp-json\/wp\/v2\/tags?post=6362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}