No parent wants to see their child suffer, and it’s right to feel like the party that injured your child should pay. The law recognizes this in both criminal and civil senses. As a parent of a child, you could get compensation for what happened to them.
Child injury cases can be complex, but Morelli Law Firm has the skill and experience to handle them. Our Wayne, NJ, child injury lawyers will listen to your story with compassion and explain your legal options.
The Age of the Child Matters in Personal Injury Cases
One of the first questions we’ll ask is the age of the child. As long as your child is under the age of 18, parents or a guardian will have to sue on their behalf. This is because minors are not allowed to enter into legal agreements.
If the child is over 18, the child must sue unless the state has declared mentally them or emotionally incompetent. A child may also name a parent as a legal representative, though the court will have to accept this.
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What If Another Child Hurts Mine?
Children often get injured due to the actions of other children. Let’s say other children pushed your child off of a ledge, resulting in your child having a broken leg. The law in New Jersey will use different rules for liability depending on the ages of whoever hurt your child.
If the offender is below the age of seven, you will probably need to sue their parents or guardian for negligence even if they hurt your child deliberately. Children that young are usually considered incapable of liability. At the other end, children between 14-18 can be held to the same negligence standards as adults.
In the in-between range, it depends on several factors, including whether the act was intentional, to determine if a lawsuit is possible and who should be sued. Our child injury lawyers in Wayne know the laws and how to use them to work toward the best possible result in your situation.
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Products and Premises Liability
Two other sources of child injuries come from defective products and dangerous situations. These fall under product liability and premises liability, respectively. A product liability claim would be something like a dangerous toy or a defective safety device hurting your child.
Premises liability is a wide range of law that covers things from accidental drowning in the neighbor’s pool to amusement park accidents. Playgrounds, schools, daycares, and animal bites are other common sources for child injuries.
In either situation, our Wayne child injury lawyers can tell you if you have a case and who is the most liable for your child’s injuries. You may receive substantial compensation for what happened, which you can use to care for your child.
What If My Child Was Killed?
If this is your situation, please accept our deepest condolences. A parent facing the death of their child is one of the hardest things they’ll ever experience. All the more reason you should pursue justice in a wrongful death claim if the case qualifies.
As the parent of the child, you will have standing to pursue a wrongful death claim. One common reason for a wrongful death claim involving a child is through medical malpractice. This, too, is something that the Morelli Law Firm can help you with.
We can help you share the burden by taking care of the legal side of your situation while you focus on the emotional side. While no amount of compensation could justify what happened to you, at the very least it can protect you from the financial shock of your child’s final expenses.
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Tell Us Your Story – Talk to a Wayne Child Injury Lawyer
Someone must be held responsible after your child has been injured by someone’s negligence. Whether it was another child, a parent, a product, a place, or an institution, you may have legal options to seek compensation.
Find out what your options are with Morelli Law Firm. Contact us for a free, no-obligation case evaluation from our experienced Wayne child injury attorneys.