Dealing with an accident and injuries is difficult, but when a child is involved, the emotional impact on parents or guardians can be devastating. It can break your heart to see your child suffering due to another party’s negligence. You just want to make their pain go away. While your child recovers, you can find solace in seeking justice for the at-fault party, and that’s why it’s important to meet with a children’s injury lawyer. Your lawyer will handle the details of a child accident claim on your child’s behalf so you can focus on comforting them and supporting their recovery.
Legal Rules for Filing Personal Injury Claims on Behalf of Minors in Ohio
There are special considerations for filing a personal injury claim for a minor (under age 18) in Ohio. Obviously, the child can’t file a claim on their own, but parents or guardians can seek damages for medical bills, pain and suffering, and other losses on the child’s behalf. Parents or guardians can file the claim as a “next friend” of the child and can represent them in court. Ohio, like many other states, has a two-year statute of limitations for personal injury claims. However, in the case of a minor, the claim is “tolled” (or paused) until the child turns 18. Regardless, it’s important that parents or guardians consult a child injury lawyer as soon as possible to open a case. The distinction is fuzzy. While the claim is technically “tolled” for the child, it may not always be for parents; the two-year statute of limitations might apply to the parent’s claims. It is important to talk to a lawyer so that you do not give up any rights – or lose evidence.
Common Types of Child Injury Accidents and Legal Claims in Ohio
There are many types of injuries a child can sustain due to another party’s negligence, including (but not limited to) automobile accidents, slip and fall accidents, accidents caused by faulty products, school accidents, or accidents that occur on private or public property (e.g., a store, park, or private home). The types of claims that can be filed are negligence (which involves duty of care, breach of duty, causation, and damages), premises liability (injury occurred on someone else’s property due to breach of duty of care), product liability (a manufacturer or supplier caused harm by a product’s defect in its design, manufacture, warnings/instructions, or failure to meet a warranty/representation, as defined under Ohio Revised Code §2307.71.
Steps Involved in Filing an Ohio Child Accident Claim
When filing a child accident claim, an experienced product liability or personal injury attorney can guide you through the process. First, after the accident, make sure your child receives immediate medical attention. Even if the injuries seem minor, your child should be seen in an ER or urgent care clinic if there is any injury. After your child is stabilized or the injuries are treated, the attending physician will recommend that you schedule follow-up care with your pediatrician or primary care physician. It’s important to keep records of all medical procedures, treatments, prescriptions, and bills. Your attorney will need this documentation to support your claim. Your attorney will gather other evidence, including police and EMS reports, witness statements, and photos from the scene. If needed, they will also collect professional opinions (medical, safety, product) to support your case.
While your attorney is preparing your child accident lawsuit, your job is to comfort and support your child while they recover. During this time, do not speak with any insurance companies. Don’t be surprised if the insurance company representing the at-fault party reaches out to you to discuss the case or offer you a (low) settlement. Insurance companies are not your friend, and their job is to close cases as cheaply and quickly as possible. If an insurance company contacts you, refer them to your attorney. Also, don’t discuss your case on social media. If your socials settings aren’t set to private, an insurance company can look at your profiles and potentially use your words against you.
Types of Damages Available in Ohio Child Injury Claims
Your attorney will attempt to seek economic and non-economic damages on your child’s behalf. Compensatory (economic) damages include your out-of-pocket expenses for medical care (past, present, and continuing), whereas non-economic damages cover emotional damages such as pain and suffering, emotional distress, disfigurement or scarring, and loss of enjoyment of life. In Ohio, there is no cap on economic damages, but there is a cap on non-economic damages: the greater of $250,000 or three times your economic damages, up to a $350,000 limit per person or $500,000 per occurrence. In some cases, such as for gross negligence, you may be able to receive punitive damages. Gross negligence also includes reckless and wanton misconduct.
In addition, Ohio requires that all settlements awarded to minors be approved by the probate court in the county in which the minor resides. The rationale is that it prevents unfair agreements and is in the child’s best interest. The judge may appoint a neutral party to review the settlement. If the award amount is $10,000 or less, it can sometimes be released to the child’s parent or guardian. For awards over $25,000, the court must grant the parent or guardian approval to manage the funds but they will be secured in some way. Some courts will order that the money be placed in a structured settlement or trust until the child reaches age 18.
Why You Need an Experienced Children’s Injury Lawyer in Ohio
Filing a child injury lawsuit on behalf of your child can be a long and complicated process. That’s why you need a skilled children’s injury lawyer on your side. At Oliver Law Office, we’ll fight for justice for your child, to ensure that you receive the compensation you deserve and that the at-fault party is held accountable. We work on a contingency basis; if we don’t win your case, you don’t pay us a fee.. Call today for a free consultation at 614-220-9100 or use our online contact form. We have offices in Columbus and Dublin, and we often offer online and phone consultations all around the state of Ohio.
