Although parents try to do everything in their power to shield their children from harm, sometimes a minor can be injured due to the fault or negligence of somebody else. In these situations, it is crucial to act quickly to preserve you and your child’s legal rights to recovery.
If your child’s injury was caused by the fault, recklessness, or negligence of somebody else, having a dedicated Bucks County child injury lawyer on your side could help you with pursuing financial compensation. A hardworking injury attorney could help you collect and preserve vital evidence, negotiate with insurance companies, and if necessary, represent your interests in court.
Common Causes of Childhood Injuries
According to the CDC, the leading cause of childhood deaths under age 19 are injuries, most of which were preventable. Accidents can occur in a variety of locations, including:
- Motor vehicles
- Construction sites
- School or daycare centers
Due to their young age, children often are unable to foresee potential dangers, and can be drawn to explore and play with things that may harm them. However, in most cases, the negligence of an adult contributes to the harm of a child. In such cases, the injured child’s parents should seek legal guidance from a well-practiced attorney in Bucks County.
What are Legal Nuances for Minor Claimants?
When a minor is a party in a lawsuit, he or she must be represented by a guardian who supervises the proceedings on the minor’s behalf, as per 231 Pa. Code Rule 2027. A parent or guardian will, therefore, need to play an active role in the lawsuit. A dedicated child injury attorney in the area could help facilitate these legal processes.
Although the statute of limitations does limit a plaintiff’s timeline to file a lawsuit in child injury cases, Pennsylvania statute provides an extension for minors. The two-year timeline does not begin to run on a child injury claim until after the unemancipated minor has turned 18 years old. Therefore, he or she would have until age 20 to file a lawsuit. This is an important consideration in situations where a minor’s parents did not realize that there was a recoverable injury or chose not to file a lawsuit immediately.
Attractive Nuisance Doctrine
The attractive nuisance doctrine is a specific doctrine of premises liability in which a landowner may be responsible for a child’s injuries even though the child was trespassing when the injury occurred. Pools, trampolines, wells, and unsecured construction zones all may be considered attractive nuisances.
Since children can be drawn to these features despite the potential dangers, a landowner has a duty to secure them appropriately. Several elements need to be shown in order to prevail in an attractive nuisance case. A seasoned lawyer in the area can help to assess whether a child’s injury falls into this doctrine of the law.
Seek Guidance from a Bucks County Child Injury Attorney
When a child is harmed due to someone else’s actions or negligence, parents or guardians should seek skilled legal representation to better understand their options. If your child sustained an injury due to the fault or negligence of somebody else, you and your child might have a claim for compensation. Call our office today to schedule a consultation with a Bucks County child injury lawyer.