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As a parent, there is hardly a worse feeling in the world than learning that your child has suffered a serious by virtue of another person’s reckless or careless behavior. It is understandable to be angry, upset, and above all unsure of what legal options you have at your disposal—but fortunately, there is help available should you choose to seek it out.
A qualified Greene County child injury lawyer could explain what may be possible in your unique situation and help you pursue compensation for damages you and your child have already suffered and will suffer in the future. If applicable, a personal injury attorney could alternatively help a person of legal age pursue litigation over an injury they suffered as a minor child.
In many respects, the rules for pursuing civil compensation over a child’s injury are the same as those applicable to an adult with a similar cause of action. In either scenario, the aggrieved plaintiff must show through a preponderance of evidence that their named defendant(s) did something reckless or careless enough to constitute a breach of a duty of care, and that this breach proximately caused compensable losses.
However, sometimes the duty of care someone might owe to a child under their care is greater than that which they would owe to an independent adult. One of the most notable examples of how children are treated differently in certain types of civil cases is the attractive nuisance doctrine, which allows property owners to be held liable for child injuries caused by an unsecured “attractive nuisance” like construction equipment or a swimming pool, even if the child in question was trespassing at the time.
Assuming a parent can prove civil liability for their child’s injury, they may be eligible to seek compensation for all medical expenses necessary for their child’s recovery, both those that have already been paid and those that will be incurred in the months or years to come. If a child’s injury results in long-term disability, disfigurement, or other types of harm, a Greene County child injury attorney could help pursue restitution for non-economic damages like loss of enjoyment of life, physical pain, and emotional suffering.
For a typical personal injury claim in Greene County, the applicable statute of limitations sets a filing deadline of three years after the date the injury was discovered. However, since a minor child cannot file suit on their own behalf, Mississippi Code §15-1-59 allows the filing period to be “tolled” for up to 21 years until the child becomes an adult—or rather, it classifies “infancy” as a disability of sorts, and considers the “disability” to have been removed upon the child reaching the age of majority.
Importantly, though, a much stricter deadline applies to cases in which a child under the age of six suffers injury due to malpractice by a medical professional. In this scenario, either the child’s parent or a child injury lawyer in Greene County must file suit no later than two years after the child’s sixth birthday as per Miss. Code §15-1-36, or they may be ineligible to seek any compensation whatsoever.
Seeking civil compensation for harm suffered by a child can be a heartbreaking endeavor, but it can also be critically important to preserving that child’s future prospects. If you want to maximize your odds of success with your case, you should strongly consider working with a legal professional who has helped families going through similar circumstances before.
A compassionate Greene County child injury lawyer could put in tireless work on your child’s behalf to seek the recovery you deserve from the party who caused them harm. Call today to learn more.