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Can I File a Personal Injury Suit on Behalf of My Child?

As a parent, you hope that you never have to think about filing a personal injury suit on behalf of your child. Injuries during childhood can also prove incredibly expensive; and, in some cases, they can impact children for the rest of their lives. 

This makes it critical to file a personal injury suit on behalf of your child, if warranted. 

Parents can file personal injury suits on behalf of their children in a wide range of circumstances. Wisconsin law holds people (and companies) accountable when they make mistakes that lead to child injuries. While not every mistake warrants a claim for financial compensation, many do, and parents will be able to recover substantial compensation in many cases. 

When Parents Can File Personal Injury Lawsuits for Child Injuries 

Under Wisconsin law, parents can seek to recover financial compensation on behalf of their children after all types of accidents resulting in serious injuries. No matter what happened, if your child was injured in an accident and you suspect that someone else (or a company) may have been to blame, you should talk to a personal injury lawyer about your family’s legal rights. 

Some common examples of preventable accidents that result in child injuries include:

When you hire a personal injury lawyer to represent your family, your lawyer will thoroughly investigate the accident that caused your child’s injuries. Based on this investigation, your lawyer will determine if your family has grounds to pursue a personal injury claim. If so, your lawyer will work quickly to gather the evidence needed to prove your family’s legal rights, and your lawyer will work closely with you, your child’s doctor, and other experts to determine how much financial compensation to seek on your child’s behalf. 

Financial Compensation in a Personal Injury Suit Involving Child Injuries 

Adults who have personal injury claims in Wisconsin can seek compensation for all of the financial and non-financial costs of their injuries. Children’s legal rights are no different. As a result, depending on the severity and long-term effects of your child’s injuries, an experienced personal injury lawyer may be able to help you seek compensation for costs including:

  • Medical bills and other out-of-pocket costs
  • Loss of future earning capacity 
  • Pain and suffering
  • Permanent scarring and disfigurement
  • Loss of companionship and enjoyment of life

These are all broad categories of damages that cover a variety of specific financial and non-financial losses. To ensure that you are seeking the full compensation your child will need to live as comfortably as possible in the future, it is critical to have an experienced personal injury lawyer on your family’s side.

3 Unique Aspects of Personal Injury Cases Involving Child Injuries in Wisconsin

While adults and children fundamentally have the same rights under Wisconsin’s personal injury laws, there are some unique aspects to personal injury cases involving children. These include: 

1. The Statute of Limitations 

In Wisconsin, adults generally have up to three years to file a personal injury claim after they get injured. But, for children, the statute of limitations is different. A parent can file a personal injury suit on behalf of their child at any time before their child’s 18th birthday. If a child’s parents have not filed a claim by his or her 18th birthday, then the child (now an adult) has two years to file a claim. 

2. The Standard of Liability 

If an adult is partially to blame for his or her own injuries resulting from an accident, this can limit (and in some cases eliminate) the adult’s ability to recover financial compensation. However, children are not held to the same standards as adults in this regard. When a child suffers an injury in an accident, he or she is not held to the reasonable standard for an adult, but only to the reasonable standard for a child if he or she is over the age of seven. If the child is under the age of seven, he or she cannot be found partially at fault under any circumstances.

3. Appointment of a Guardian Ad Litem 

If you successfully file a personal injury suit on behalf of your child, the compensation awarded will belong to your child. This means that the money can be used only for your child’s expenses related to the accident until your child turns 18—and the court will appoint a guardian ad litem to make sure this happens.

Speak with a Wisconsin Personal Injury Lawyer for Free

If your child has been injured in an accident, our lawyers can explain your family’s legal rights and take appropriate legal action on your family’s behalf.

Contact the experienced personal injury attorneys at Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.