Children often suffer injuries due to the negligence and recklessness of others, just like adults in similar situations. While adults can pursue personal injury lawsuits to seek compensation for their expenses, the process is different for minors. A St. Charles child injury lawyer can provide support and legal knowledge to protect your child and maximize your claim.
The laws governing child injury cases in St. Charles are clear, but the unique aspects of these cases can make seeking compensation challenging. Fortunately, Morelli Law Firm has skilled St. Charles personal injury lawyers who manage cases involving minors. Our attorneys have over 40 years of combined experience in helping families file successful claims.
How to Navigate Child Injury Laws in St. Charles
Child injury claims in St. Charles generally follow the same procedures as adult claims. Determining liability, proving negligence, calculating damages, and providing evidence are essential steps in both cases. However, there are specific rules that make child injury cases unique.
- Seek Legal Guidance: Seek the help of reputable child injury attorneys in St. Charles, MO, who have successful case results to guide you through the legal process, advocate for your rights, and ensure the best possible outcome for your child’s case.
- Gather Evidence: Collect and preserve evidence related to your child’s injury, including medical records, witness statements, and documentation of the incident. This evidence will be crucial in supporting their injury claim.
- Document Damages: Keep detailed records of the financial and non-financial damages incurred as a result of the child’s injury. This includes medical expenses, lost income, pain and suffering, and other relevant costs.
- Refrain from Speaking With Insurance Adjusters: You should refrain from discussing the details of your child’s injury or the incident with insurance adjusters without consulting your attorney. Adjusters may try to minimize the compensation owed to your child, so it’s best to let your lawyer handle communications with them.
- Use Caution on Social Media: Be cautious about what you post on social media platforms regarding your child’s injury case. Information shared online can be used as evidence, so it’s advisable to refrain from discussing the case or sharing details on social media.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800Unique Liability Rules of Child Injury Cases
Unlike typical adult injury lawsuits, personal injury claims involving children in St. Charles are subject to specific rules. The law recognizes that minors under 18 may not have the same judgment as adults and has established regulations regarding liability and compensation in accidents involving children. Understanding these statutes is crucial for proving liability and protecting your right to compensation.
- Comparative Fault: Missouri follows a comparative fault system, which means that liability can be shared among multiple parties based on their degree of fault. In child injury cases, the court may consider the child’s actions or behavior in determining liability, taking into account their age and capacity to understand risks.
- Parental Responsibility: Missouri law imposes a duty on parents or legal guardians to supervise and care for their children to prevent foreseeable harm. If a child is injured due to a lack of supervision or negligent care by a parent or guardian, the court may consider the parent’s liability in the case.
- Guardian Ad Litem: In child injury cases, a guardian ad litem may be appointed by the court to represent the child’s interests and ensure that their rights are protected throughout the legal proceedings. The guardian ad litem acts as a legal advocate for the child.
Strict Timelines for Filing Child Injury Claims in St. Charles, MO
In Missouri, the statute of limitations dictates the timeframe within which you must file a child’s injury lawsuit. You have two years from the date of the injury to initiate the claim. Additionally, a child can file a lawsuit once they reach the age of 18. Delaying the claim may reduce the chances of receiving fair compensation for the damages.
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877-751-9800When Should You Hire a Child Injury Lawyer in St. Charles?
The potential long-term impact on your child’s well-being is the primary factor in determining whether legal representation is warranted. The following scenarios are examples of when a child injury lawyer would be most beneficial:
Serious or Catastrophic Injuries
If your child has suffered a severe, life-altering injury such as a traumatic brain injury, spinal cord damage, or permanent disability, retaining a child injury lawyer is highly recommended. We can ensure the settlement fully accounts for your child’s extensive long-term needs.
Substantial Compensation Amounts
In Missouri, the courts become involved when the potential settlement or award amount exceeds $15,000. An attorney can handle the legal requirements, such as obtaining court approval for a conservatorship, to protect your child’s interests.
Disputes With Insurance Companies
If the insurance company is unwilling to offer a fair settlement, our skilled child injury lawyer in St. Charles can negotiate aggressively on your child’s behalf. We are prepared to take the case to court if necessary to secure adequate compensation.
Get Qualified Legal Help During a Free Consultation
Child injury lawsuits in St. Charles involve legal intricacies that may seem daunting to the untrained eye. However, Morelli Law Firm can guide you through the process and simplify the experience for you and your family.
Instead of facing the uncertainty of this legal process alone, contact our child injury attorneys in St. Charles to move forward with confidence. Your first initial consultation with a member of our legal team is free and confidential.
Call or text 877-751-9800 or complete a Free Case Evaluation form