Settling Injury Claims For Children

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Children are quite vulnerable to accidents and injuries.
Normally, accidents and injuries are part of growing up and part of learning about their surroundings.
In most cases, these accidents and injuries are caused by nothing more than playing, fun and games.
The injuries are usually minor too which heal within a few days.
But, what happens when a child sustains an injury that was not their fault? What happens when a child gets involved in an accident that has caused serious injuries? Child injuries may be short-term or long-term.
Depending on the severity of the injury, they can also suffer long-term disabilities and mental trauma.
Injuries can affect a child in a number of ways.
Most parents are not aware that an injury claim can be pursued if a child has been injured due to the negligence of another person.
As a parent, it may be possible for you to pursue an injury claim on your child's behalf.
It is understood that a person who is under the age of 18 may not be able to put up an injury claim on their own accord.
But, this cannot stop them from pursuing a claim.
If the parents believe that an injury claim can be pursued, then they can do so on behalf of their child.
In normal personal injury cases, the claimant has three years from the date of the accident to pursue an injury.
But in a child injury case, the three year period starts when the child turns 18.
This means that once the child has turned 18, he can choose to pursue his claim on his own.
But, the parents can decide if they want to make an injury claim on behalf of the child if the child has not yet turned 18.
When the parents, a close relative or a guardian makes an injury claim on behalf of an injured child, they are referred to as the 'litigation friend'.
To be able to make an injury claim, the litigation friend needs to be independent.
This means that the litigation friend cannot be someone who was responsible for the child's injuries.
For example, if the child was travelling with his father and an accident took place where the father is to be blamed, the father will not be able to act as the child's litigation friend.
However, the mother of the child or a close relative can act as the litigation friend.
Unlike other types of personal injury cases, child injury claims are mostly settled via court.
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