When a child is injured due to the negligence of another person, it can be a difficult and confusing situation for the family. It’s important to understand your rights and the steps you need to take in order to get compensation for your child’s injury. This article will provide an overview of what you need to know about child injury claims in Alabama.
In Alabama, a parent or legal guardian must file a claim on behalf of their child if they are seeking compensation for an injury. The parent or legal guardian is known as the “next friend” and is responsible for representing the child in court and protecting their legal rights. It’s important to note that if the parents are not married, only the parent with legal custody has the right to pursue a claim on behalf of their child.
The statute of limitations for filing a personal injury claim in Shelby County, or anywhere else in Alabama, involving a minor varies depending on when the incident occurred. If it happened before their first birthday, then the parent must file within two years from the date of the injury or until their third birthday, whichever comes first. If it happened after their first birthday, then they have 20 years from the date of injury or until their 21st birthday, whichever comes first.
When filing a personal injury claim on behalf of your child, there may be two separate rights of action involved. The first is for your child’s medical expenses and other damages related to their physical injuries. The second is for any pain and suffering caused by those injuries. In addition, you may also be able to seek compensation for lost wages if your child was unable to work due to their injuries.
It’s important that you act quickly when filing a personal injury claim involving your child as evidence can become harder to obtain over time and witnesses may forget key details that could help strengthen your case. You should also keep detailed records of all medical bills and other expenses related to your child’s injury as this will help prove how much money you are owed in damages.
When dealing with insurance companies during settlement negotiations, it’s important that you don’t accept any offers without consulting an injury attorney in Alabaster, or anywhere else in Alabama, who can ensure that you receive fair compensation for your losses. An attorney can also help protect your rights throughout the process and make sure that all deadlines are met so that you don’t miss out on any potential benefits or compensation due to delays in filing paperwork or missing court dates.
Child injury cases can be complex and emotionally draining but understanding what needs to be done to win your case can help make things easier for both parents and children alike during the claims process. By following these tips and working with an experienced Birmingham personal injury attorney, you can ensure that your family receives fair compensation for any losses suffered due to someone else’s negligence or recklessness.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!