Children are far more fragile than adults, and will typically suffer from
more serious injuries in accidents. As parents, seeing your child endure
pain is one of the most difficult experiences, especially when it was
caused by another person’s negligence. If your child has been injured,
there are some unique things you should know about your child’s
personal injury case.
Some important things that parents should know when attempting to recover
compensation for a child’s injuries:
Children cannot file claims: While a child has the right to recover compensation for their injuries,
it is the parents who must file a claim on behalf of their injured children.
The recovered funds would then go to the parents to use for their child.
Different negligence standards: Children are generally not held to the same standard as adults when it
comes to personal injury claims, but is largely determined by age. Since
young children do not have the mental capacity to make reasonable decisions,
they are often treated differently under the law. For example, if a child
trespasses on another’s property and is injured, there is a high
chance the injured child’s family can recover compensation if the
property owner knew of the risks. This can make determining negligence
and liability challenging.
Proving damages: When parents file personal injury claims on behalf of their children,
they should document all of their expenses, including hospital bills and
medical bills. Take pictures of the accident, preserve the source of the
accident (if it was a toy), or other related evidence.
Types of compensation: Injury claims for children may include compensation for the child’s
cost of current medical treatments, pain and suffering, ongoing medical
treatment beyond the age of 18, and loss of earning capacity. Compensation
for parents may include damages such as loss of companionship, loss of
contribution, and other related damages.
Statute of limitations: In Kansas, the statute of limitations for minors begin on their 18th
birthday. From that date, they one year to file a claim. Parents who wish
to file a claim should do so immediately in order to retain their right
to recover compensation.
If Your Child Was Injured, Call Us for Experienced Guidance
Whether your child was injured in a car accident by another driver or on
a playground at school, we can help your family recovery full compensation
for your child’s injuries. Hutton & Hutton and our team of Wichita
child injury attorneys have extensive experience handling a wide range
of complex child injuries, including cases involving negligent supervision,
defective toys, and more. We understand the challenges that families face
and the potential obstacles an injured child may encounter from his injuries
during his or her adult life. Turn to our team for full support throughout
your personal injury claim.
free consultations and take cases on a contingency fee basis.