Though personal injury cases can be very technical and involve a number of legal details, they are usually much more straightforward when the case involves legal adults. When it comes to children, however, the laws are slightly different.
If your child was injured due to another person’s negligence – whether in a car or on a property – then you may be entitled to compensation for health-care bills and other expenses. An Albuquerque accident attorney from The Law Office of Brian K. Branch can evaluate your case to determine if you have a valid claim. We aim to provide compassionate yet aggressive legal services. Schedule a free consultation today by calling 505-207-4401.
In the meantime, read on to learn more about personal injury cases that involve minors:
Personal Injury Statute of Limitations
In typical personal injury cases, plaintiffs have three years to follow through with their claims. For children, however, this timeframe may be longer under certain circumstances.
Children have until they turn 19 years of age to file a personal injury lawsuit, according to New Mexico law. This allows them the opportunity to file on their own, should their parent fail to do so.
In cases when children sustain injuries on governmental or public property, they will have until their ninth birthday to file the lawsuit. In these cases, it is important to act much faster. For example, if the child is 7 years old, then he or she will only have two years to file the lawsuit.
You Should Bring Claims for Injuries against Children as Soon as Possible
Even though the statute of limitations for children seems quite long, you should not hesitate to file as if the normal time period applied. Should the child be unable to file on his or her own without legal representation from a parent, then a guardian may serve as a replacement.
The Normal Rules Still Apply
When it comes to filing a claim for a personal injury, even when a child is involved, all of the normal rules still apply. You should do everything in your power to bring awareness to the injury, as well as the cause. This involves notifying the property owner as soon as possible, as well as contacting your insurance provider.
The more information you can get about the case, the better – because these details could weigh heavily on whether or not the case is successful, as well as the amount of damages you recover. It may be necessary to contact witnesses who can evidence your claim.
In some cases, expert witnesses can provide critical evidence to prove the extent or cause of the injuries. Your attorney should have access to these professionals if their testimonies could benefit your case.
If your child or a child you know has suffered a serious personal injury, contact an accident lawyer from The Law Office of Brian K. Branch today at 505-207-4401. With a combined 32 years of experience defending the rights of the injured, we can provide you with reliable and aggressive legal representation.