In New Jersey, when a child is injured in an accident caused by another person, their parent or legal guardian is allowed to pursue damages on the child’s behalf. These types of cases have unique factors that are different than personal injury cases. This is one reason why parents should consider consulting with a personal injury lawyer in Trenton, NJ, such as the lawyers at Davis & Brusca, LLC, to handle the claim for them.
Every personal injury claim has a time limit, called a statute of limitations. These statutes set a deadline for filing the injury claim. Once the stature has expired, so does the opportunity for a victim to file a claim against the at-fault party.
In New Jersey, most personal injury claims have a two (2) year statute of limitations. However, there are special rules for children. For instance, in most situations the 2 year statute does not begin to run for children until they turn eighteen (18). However, special rules exist for certain types of lawsuits, specifically those which involve the government or claims for medical malpractice. Further, as access to the evidence needed to prove any case fades with time, you should speak with a personal injury attorney as soon as possible following an injury. An experienced NJ personal injury attorney, such as the team at Davis & Brusca, can evaluate your claim and explain the details of the statue of limitations to you. Call us today for a free, no-risk evaluation.
As the Trenton, NJ personal injury lawyers at Davis & Brusca can explain, one must have proof of negligence in order for a personal injury lawsuit to be successful. Whether “negligence” occurred or not is determined by looking at the actions of the parties involved: BOTH the person who was hurt, and the person being held responsible. The key is whether their actions were “reasonable” under the circumstances. This standard of “reasonable care” is applied to virtually every negligence case. One possible exception is where a child is involved. The law recognizes that it takes time for children to develop judgement. Whether a child is required to show “reasonable” conduct, whether for their own protection or the safety of others, will depend on how old the child was when the accident happened.
For example, an adult fails to look both ways while they are crossing a street and they are hit by a vehicle, their own action may stand in the way of their right to recover. A jury may find that they “share the blame” because they acted “unreasonably” and contributed to the accident. If found to be partially negligent, their recovery may be reduced. However, a very young child – such as a 4-year old – is not yet old enough to be held accountable. In New Jersey, the law does not hold 4-year-olds accountable for their own safety. We don’t expect children at that age to be responsible enough to look both ways each time they cross the street like we do adults. So, in that scenario, a young child’s recovery would not be reduced in the way an adult’s would. Other considerations may exist in your specific case that our team of Trenton Personal Injury Lawyers can evaluate. Call Davis & Brusca today and schedule an appointment to meet with one of our Top Personal Injury Attorneys.
If your child has been injured in an accident, contact Davis & Brusca, LLC today. Our dedicated Trenton, NJ personal injury lawyers are here to help. Call us to find out what legal options you may have.