All parents work hard to keep their children safe, but when accidents happen, it can result in serious injuries to the minor. If the accident was due to another person’s negligence, a civil lawsuit could help you seek monetary compensation for the injuries your child suffered and the impact it has had on both of your lives.
An experienced Altoona child injury lawyer could help you navigate the complex legal system and seek the compensation you deserve. Our Altoona personal injury attorneys understand the legal nuances that apply when a child is the plaintiff, so do not hesitate to speak with our team.
Accidents Where Children Get Hurt
A significant number of accidents where children are hurt are the result of inadequate supervision or carelessness by others. When an adult is negligent, this lack of care can lead to catastrophic injuries to a child.
Accidents that could result in children being harmed include, but are not limited to:
- Drowning in swimming pools, lakes, or ponds
- Motor vehicle crashes
- Defective playground equipment
- Dangerous substances
- Deadly or sharp objects
- Unsafe living conditions
- Daycare negligence
In all of these situations, the potential for significant harm to a child is high. When the negligence of a caretaker or other individual is the cause of a minor’s injuries, a skilled attorney in the area could help seek financial compensation on his or her behalf.
Who is Responsible for Harm to a Minor?
In order to recover monetary damages, the guardians of the injured child and their Altoona lawyer must prove the defendant is liable. Liability may attach differently depending on the facts of the case. In many cases, there could be multiple responsible parties.
When an individual causes harm to a child, that person can be held individually liable. This could include negligent babysitters, drivers, teachers, daycare providers, and many more.
When Might a Defendant’s Employer be Liable?
The legal doctrine of respondeat superior permits an employer to be sued for the negligent acts of his or her employees when they are acting in the course and scope of the employment. This can be incredibly useful, as an individual person may not have the resources to properly compensate an injured child. This legal doctrine may apply in instances where a negligent teacher or daycare worker caused a child harm.
There are circumstances when multiple people, or even companies, could be held financially liable for harm to a minor. One example of this are product liability claims. Manufacturers and other companies may be held responsible for any negligence that occurred in the design or manufacturing process that resulted in a product harming a child.
Additionally, some products may fail to properly warn consumers and parents about the risks involved with a particular product. When a proper warning could have saved the child from injury, this could be a basis for a personal injury lawsuit.
Court Approval of Settlements for Children
In order to protect the assets of a child, the Rules of Civil Procedure require that an Altoona attorney obtain court approval of any settlement of a minor’s claims. This requires filing a petition with the court, which recites the nature of the case and the settlement. If the judge approves the settlement, the settlement proceeds must then be deposited in a special bank account that will remain inaccessible until the child reaches 18 years of age. In some cases, a subsequent petition can be filed if those funds are necessary in order to pay certain expenses for the child, such as educational and medical needs, but the court endeavors to ensure that the funds are used exclusively for the child. Proof of the deposit of these funds must also be filed with the court.
Get in Touch with an Altoona Child Injury Attorney Today
If your child is harmed by another person’s negligence, you may be unsure of how you can proceed. Fortunately, state law allows you to seek legal recourse from the at-fault party in the form of monetary damages.
An Altoona child injury lawyer at Marcus & Mack could help you pursue the financial compensation you need to get your life back together and help your child recover. Contact us today for a free consultation.