Injuries that affect children raise many important and complex legal questions. Among these are how we determine the extent of a child’s losses, when to file a civil claim, and how a court will handle a proposed settlement.
These unique aspects of a Denver child injury case can frustrate and confuse parents. If you have an injured child, do not hesitate to reach out to a skilled juvenile injury attorney at Roberts Markland LLP. A legal representative could work to address your concerns and take the lead in seeking fair compensation for your child.
A core concept in any personal injury case is the right of a victim to demand compensation for their losses. However, this restitution may differ from other injury claims. For instance, a child is unlikely to have to pay for their medical care independently. Instead, a parent pays for the costs of all needed treatment, meaning their parent will demand compensation from at-fault defendants.
Unlike other civil lawsuits, attorneys filing a child injury claim must put a value on lost time with friends, missing time at school, and mental health trauma that stems from an incident. Calculating these damages is a unique aspect of juvenile injury cases in Denver and requires a hardworking lawyer.
In most personal injury cases, the victim has the sole right to determine whether to accept a settlement from an insurance company or defendant. However, the law requires parents or guardians to act on behalf of their children in injury claims, which often creates a dilemma when a parent’s wishes do not align with their children’s.
As a result, the Colorado Rule of Probate Procedure § 62 says that a judge must approve any potential settlement where a child is the victim of a personal injury. In addition, the court must appoint a Guardian ad litem to protect the child’s interests. A lawyer in Denver could help craft a Rule 62 petition that convinces a court that a possible settlement is in the best interests of a child victim.
Typically, Colorado Revised Statute § 13-80-102 gives people seeking restitution for an injury two years from the date of the incident to demand compensation in court. However, a victim’s status as a minor can change within this time limit.
If a parent does not act to protect a child’s legal rights after an injury, it may be possible for the child to pursue compensation on their own after becoming an adult. Children often pursue these claims in cases involving physical or sexual abuse. An attorney in Denver could help determine if the time is right to pursue a child injury case.
Everyone has the right to seek fair compensation for their losses following personal injuries. However, when an injury victim is a child, the case can become far more complicated. Children rely on their parents or guardians to protect their legal interests, making cases involving adolescents much more complex than others.
Parents can represent their children’s rights but can only accept an insurance settlement with court approval. In addition, it can be difficult to put a true value on a child injury case. Contacting an attorney could help you better understand the unique aspects of a Denver child injury case. Reach out to a lawyer today to get started.