Extended Deadline for Filing a Lawsuit Involving a Child
The timeframe for filing a personal injury claim usually starts from the date of injury. However, for birth injury lawsuits and some other types of pediatric injury cases, the statute of limitations may not begin until later.
For example, the impact of a birth injury might not be immediately known. In such cases, adults responsible for the child’s care could abide by the statute of limitations based on discovery. In some cases, this could allow up to five years to file a claim.
Additionally, an individual injured as a child would be allowed to file a lawsuit on their own after they turn 18, but it depends on the type of injury. Medical malpractice, for example, has a statute of limitations deadline of two years after age 18, while other cases may be longer. Our team at Fowler Pickert Eisenmenger Norfleet will explain all of the critical deadlines to you during our consultation.
Consideration of Future Needs From Childhood to Adulthood
Injuries to children can have unpredictable long-term effects. So courts and attorneys may approach a pediatric injury from the perspective of focusing on your loved one’s expected future needs in addition to the immediate impact of the injury. Future considerations may include things such as ongoing medical care and therapy, and other accommodations that may be needed based on their development, education, and emotional well-being into adulthood.
While future damages can also be sought in injury cases involving adults, they’re often easier to quantify because an adult’s career, health, and life expectancy are more established.
Court Oversight Required for Settlements on Behalf of Minors
Injury compensation for minors often requires court approval to ensure that the amount agreed to on the child’s behalf is in their best interest. The court may require that funds be placed in a trust or otherwise managed for the minor’s benefit until they reach adulthood. This process isn’t necessary for injury claims involving adults. An adult can settle a claim without court approval unless a structured settlement or other special circumstances apply.
Overall, pediatric injury lawsuits are handled with greater care and focus on the child’s long-term well-being, often with added layers of protection, like court supervision of settlements.
Turn to Our Kansas City Child Injury Lawyers for Guidance Throughout the Process
As you can see, pediatric injury cases differ significantly from general injury lawsuits in numerous ways. This is why it’s so important to trust your family’s future to a legal representative who has extensive experience in injury cases involving minors. This is true whether your child has been injured by a defective toy or through medical malpractice, as well as via any other act of negligence or misconduct committed by an individual or an organization.
At Fowler Pickert Eisenmenger Norfleet, we’re tireless advocates for children and their families, providing compassionate support, seeking justice and compensation, and offering hope for the future.
