Navigating Personal Injury Claims for Children in Connecticut

Personal injury claims involving children are often challenging, as they require special considerations compared to those involving adults. Children are particularly vulnerable to accidents due to their age, lack of awareness, and dependence on others for safety. Whether it’s a car accident, playground injury, or medical malpractice, personal injury claims involving minors come with unique legal nuances. Families facing these unfortunate circumstances must be aware of the legal process and how Connecticut law handles cases involving injured children.

When a child is injured, parents or legal guardians may pursue compensation on their behalf to recover losses for medical costs, pain and suffering, and long-term care if necessary. This article will discuss how personal injury claims for children are handled in Connecticut, including legal protections, how children’s injuries affect compensation, and other key factors to consider. However, we urge you to seek immediate legal consultation if your child has been injured in an accident. The personal injury lawyers at Brandon J. Broderick, Attorney at Law has helped many Connecticut clients successfully recover damages for their injured child. Call us to learn more about how we can help you.

Understanding Personal Injury Claims Involving Children

Legal Protections for Children in Connecticut

Connecticut law provides specific protections for children who are involved in personal injury cases. Since minors lack the legal capacity to file a lawsuit, a parent or legal guardian must act on their behalf. Connecticut courts are also particularly careful when reviewing settlements or judgments for minors to ensure that the child’s best interests are protected.

One important difference in cases involving children is the statute of limitations. In most personal injury claims, adults have two years from the date of injury to file a lawsuit. However, in cases involving children, the statute of limitations may be tolled (delayed) until the child reaches the age of 18. This means that the two-year time limit may not begin until the child becomes a legal adult. This tolling provision ensures that the child has the opportunity to pursue compensation once they are of age, even if the parents did not file a claim immediately following the injury.

How a Child’s Injury Impacts a Personal Injury Claim

When a child is injured, it can have long-term consequences that are not always immediately apparent. For example, a serious injury might affect the child’s physical development, education, or future earning potential. These long-term impacts must be considered when determining the amount of compensation in a personal injury claim.

In Connecticut, personal injury claims for children typically involve compensation for the following:

• Medical Expenses: This includes both past and future medical costs, such as hospital stays, surgeries, rehabilitation, physical therapy, and any ongoing medical care the child may require.
• Pain and Suffering: Children who are injured may experience significant physical pain and emotional distress. Compensation may be awarded to account for these non-economic damages, which are often challenging to quantify but are an important aspect of the claim.
• Permanent Disabilities or Disfigurement: In cases where a child suffers a permanent injury, such as a disability or disfigurement, compensation may also be awarded to cover the costs associated with long-term care or modifications to the family’s home or lifestyle.
• Educational Impact: If the child’s injury affects their ability to succeed in school or pursue higher education, the claim may include compensation for the impact on their educational and career prospects.

Because children are still developing, both physically and emotionally, it is important that the long-term implications of their injuries are considered when pursuing a personal injury claim. Connecticut courts and legal professionals often enlist medical experts, child psychologists, and other professionals to evaluate how the injury may affect the child’s future.

Specific Laws for Personal Injury Claims Involving Children in Connecticut

Parental Responsibility and Comparative Negligence

In Connecticut, modified comparative negligence may affect personal injury claims involving children. Connecticut law acknowledges that younger children may not fully understand the dangers of certain actions, and therefore, they may not be held to the same standard of care as adults. For example, a young child may not be expected to recognize the risks of running into the street, while an adult is held to a higher standard.

However, the behavior of the parents or guardians may also come under scrutiny. If the defendant argues that the parents failed to adequately supervise the child or take reasonable precautions to prevent the injury, the parents’ actions (or inactions) could affect the outcome of the case. This is why it is vital for families to seek legal counsel to ensure that their rights are fully protected and that they are not unfairly blamed for their child’s injury.

Settlements for Minors

When a personal injury claim involving a child is settled, Connecticut courts must approve the settlement to ensure that it is in the best interest of the child. The court reviews the proposed settlement, including how the settlement funds will be used or invested on behalf of the child. In many cases, the court will order that the funds be placed into a trust or other secure account until the child reaches the age of 18, ensuring that the money is protected and used appropriately.

This additional layer of oversight ensures that the child’s future is safeguarded, and that any settlement funds are used in a way that will benefit the child long-term, whether for medical care, education, or other needs.

Call Brandon J. Broderick For Legal Help

Navigating Connecticut personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.