When children sustain severe injuries because of negligence, there may be cause for legal action. That includes injuries from car crashes, dog bites, choking on defective products, and more. Understanding the state’s civil statutes is essential when considering filing a personal injury lawsuit with AW Smith Law Firm.
Watching your child suffer is among the worst things parents can face, and when it happens because of someone else’s recklessness, you must hold them accountable for injuries and medical expenses. Contact a Rolla child injury lawyer for help with your case.
Minors cannot lawfully pursue legal action themselves and need an adult to protect and represent their rights. A parent, guardian, or civil court judge may appoint someone to handle the process on the child’s behalf. The judge also appoints a “guardian ad litem” to protect the child’s best interest, ensuring any money from the settlement is in the child’s best interest.
Examples of the most typical accidents leading to child injury lawsuits include the following:
A Rolla child injury attorney could review your case to determine if the necessary components are present to initiate legal action to collect a settlement.
After your child sustains injuries because of someone else’s negligence, taking steps to protect your family is essential. That includes gathering crucial evidence, such as speaking to witnesses, exchanging information with everyone involved, and seeking prompt medical care.
The most effective way to build a solid case and collect compensation successfully is by taking steps to begin preparing the claim immediately. A child injury lawyer in Rolla could provide you with legal advice, guidance, and protect your rights throughout the process.
Minor children do not have the legal capacity to consent to a settlement to cover their damages and losses after an accident caused by negligence. The Missouri Statutory Thresholds for Settlements Involving Minors Act governs the guidelines for civil lawsuits involving minors. The legislation aims to ensure the payouts are used in the minor’s best interest.
If the civil court judge finds it necessary, they appoint a guardian ad litem, also called a conservator, to keep things simple and fair while protecting the plaintiff’s legal rights. For settlements of $35,000 or less, the act ensures the process is as straightforward and quick as possible, and an appointment of a conservator is unnecessary.
State laws have special rules and guidelines for time limitations on filing a civil action for cases for minors. If a parent or guardian does not initiate legal action on the minor’s behalf, the statute of limitations does not begin until their 21st birthday, and they must file the claim by age 26.
If another person’s carelessness caused your child harm, you have every right to expect them to pay for your losses. The injury claim process is complex, and trying to handle the legal work and filings on your own behalf may lead to accepting a low settlement or making an error, and losing the ability to collect an award altogether.
Meet with a Rolla child injury lawyer to review your case specifics and learn more during a free consult. One of our compassionate attorneys at the AW Smith Law Firm is available to help you through the process, protect your child’s legal rights, and fight for a fair outcome.
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