While suffering an injury may be traumatizing and overwhelming, learning of any harm inflicted upon your child is often devastating. This is especially true when these injuries are the result of another person’s actions.
Unfortunately, pursuing a personal injury case on behalf of a child is often a more complicated legal matter than one pursued by an adult. Special rules govern who may bring the lawsuit and how courts must apportion any damages recovered in a suit. This process may quickly overwhelm both the parents and children who have chosen to proceed without a lawyer.
Thankfully, a compassionate Michigan child injury lawyer may be able to help you and your child obtain the compensation needed to set things right. A tenacious and well-versed attorney could meet the court requirements for filing lawsuits on behalf of a child and work tirelessly to ensure that any probate issue does not derail an otherwise valid claim.
Ways that Children May Become Injured
Unfortunately, children are subject to many of the same accidents that can injure adults. For example, when children ride in cars, travel by bicycle, visit shopping malls, or undergo medical procedures, the risk for injuries are constant. Because of this, any individual that may be considered negligent for harming an adult owe the same obligations of care to a minor.
Furthermore, some children might have the legal standing to be plaintiffs in injury suits that would not be eligible for adults. For instance, the legal concept of attractive nuisance means that landowners must protect trespassing children from hazards on their property if it contains something that may draw children onto it. A knowledge Michigan lawyer could help the parents and guardians of children to understand the laws that allow injured children to pursue compensation.
The Legal Considerations for Injured Children
An injured child cannot directly sue a negligent defendant for damages. This is because children cannot usually serve as plaintiffs in lawsuits. As a result, the law allows the conservator of a child to bring a lawsuit on their behalf, according to Michigan Court Rule §2.201(E). A conservator is usually a parent but may include a legally-appointed guardian—if the child has no living parents—and is usually appointed by the court.
Also, a court must also sign off on any settlements or awards issued to a child after a plaintiff files a complaint in court. Under Mich. Court Rule §2.420(4), the child’s conservator must receive any funds in excess of $5,000.
If the case comes to a settlement before filing a lawsuit in court, the issue remains in the Probate Court. A conservator can file a petition for the court to approve any settlement amount accepted by them on behalf of the child. This involves completing Form KCPC 100 for the particular Probate Court that has jurisdiction in the matter. A well-practiced attorney could help parents to understand the interplay between the Probate Court and Trial Court in accepting payments for their child’s injuries in Michigan.
A Michigan Child Injury Attorney Could Help to Set Things Right
While minor injuries may be usual for a playful and active child, any severe damage is often a heartbreaking and frightening experience. A child may require intensive medical treatment and might miss significant time at school as a result.
However, any person, business, or entity who is at fault for an accident should be held accountable for their negligence. If your child was injured due to another party’s careless or reckless behavior, a Michigan child injury lawyer could help you to pursue compensation.
A dedicated attorney could help to meet all the special requirements in a child injury case and work tirelessly to gather evidence for a successful claim. Contact a legal professional today to learn more about obtaining justice for your injured child.
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