When a child is involved in a personal injury event, the situation becomes more intricate. Children’s unique vulnerabilities, their rights, and their potential lifelong consequences due to the injury make their cases particularly sensitive. In Maryland, there are specific regulations and considerations to note when it comes to children and personal injury. This article will delve into these unique aspects and also highlight the significance of involving experienced legal counsel, such as the Law Offices of McKenzie & Tehrani.
Tolling of the Statute of Limitations for Minors
The statute of limitations restricts the time within which a personal injury claim must be filed. In Maryland, the general limitation period for personal injury cases is three years from the date of the incident. However, when the victim is a minor (below the age of 18), the statute is “tolled” or paused until the child turns 18. This means that the child has until their 21st birthday to initiate a lawsuit.
Child’s Legal Representative
While adults can file lawsuits on their own behalf, children need a legal representative, typically a parent or guardian, to file a lawsuit for them. This individual acts on the child’s behalf in all legal matters connected with the injury.
Assessing liability can be more complex when children are involved. For instance, in cases where children are injured in places like playgrounds, swimming pools, or even schools, it’s vital to determine whether the child was under adequate supervision and if the premise was safe.
Damages in Child Personal Injury Cases
The impact of an injury on a child can be significantly different from that on an adult. Children may face:
Medical Expenses: Immediate medical bills, as well as future medical expenses that might arise due to growth or long-term complications.
Pain and Suffering: Emotional and psychological trauma can affect a child’s development and well-being.
Future Loss of Earning Capacity: If the injury affects the child’s ability to work in the future, this can be considered in damages.
If a child receives a settlement, the court may require it to be placed in a structured settlement. This ensures that the funds are used solely for the benefit of the child and might be disbursed over several years or once the child reaches adulthood.
Consent and Liability Waivers
Many activity centers or schools in Maryland may ask parents to sign liability waivers for their children. While these documents aim to protect institutions from lawsuits, they can’t always absolve them of all responsibility, especially if negligence is proven.
Why Contact the Law Offices of McKenzie & Tehrani?
When navigating the intricate details of personal injury cases involving children, it’s crucial to have knowledgeable legal counsel. The Law Offices of McKenzie & Tehrani have over 18 years of experience in this domain. Their seasoned attorneys are well-versed in the nuances of Maryland’s personal injury law concerning children.
Personal injury cases involving children require special attention and an understanding of Maryland’s legal landscape. By seeking representation from experienced law firms like McKenzie & Tehrani, parents and guardians can ensure that the child’s best interests are prioritized, and the deserved compensation is secured.
Niños y Lesiones Personales: Consideraciones Especiales en Maryland
Cuando un niño está involucrado en un evento de lesiones personales, la situación se vuelve más compleja. Las vulnerabilidades únicas de los niños, sus derechos y las potenciales consecuencias a lo largo de su vida debido a la lesión hacen que sus casos sean particularmente sensibles. En Maryland, hay regulaciones y consideraciones específicas a tener en cuenta cuando se trata de niños y lesiones personales. Este artículo profundizará en estos aspectos únicos y también destacará la importancia de involucrar a un asesor legal experimentado, como las Oficinas Legales de McKenzie & Tehrani.