If your child sustained a serious injury while under the care of another person, you may benefit from contacting a qualified injury attorney. An Opelousas child injury lawyer could determine if there is evidence of negligence on the part of the caretaker. If negligence caused your child’s injuries, you might be eligible for financial compensation.
Possible Defendants in Child Injury Cases
A minor is unable to file a lawsuit on their own. Instead, a parent or guardian of the child must file a lawsuit on behalf of the minor.
In Louisiana, not every child injury incident is grounds for a personal injury lawsuit. Per Louisiana Revised Statutes 9 § 571, minors may not sue their parents nor their tutors. The term tutor refers to the caretakers of the child as appointed by state law. However, if a minor is emancipated from the parent or tutor through prior court action, that individual may file a claim.
Apart from parents and tutors, the state code places no other limitations on defendants for child injury torts. An Opelousas child injury attorney may be able to assist children and their parents by determining whether they can file a claim against a defendant.
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Common Injuries Sustained by Minors
At school, day-care, and childcare programs, adults are charged with providing a safe environment for the children under their care. A variety of hazards may endanger a child. If the caretaker was negligent in preventing or correcting these hazards, it could be grounds for an injury claim.
Responsible adults should remove dangers that could hurt a child. This includes tripping hazards, sharp objects, or dangerous electrical wiring. Adults should also prevent burns, drowning or near-drowning incidents, and poisoning.
When hearing a case, the jury will consider whether a reasonable person would have identified and minimized risks to ensure the safety of all children present. An Opelousas attorney could build a case to hold the negligent party responsible for the child’s injuries.
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Cases When Children Contribute to the Damages
A jury may consider the role played by a minor if their actions contribute to the total damages. As a comparative fault state, Louisiana gives the parents of child claimants an opportunity to file claims even in cases of shared fault. However, the total recoverable damages could be decreased by the minor’s percentage of fault.
Families who believe that their child may have contributed to the majority of their injuries could still seek damages. A child injury attorney could help minimize the child’s fault in a claim.
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Retain an Opelousas Child Injury Attorney Today
If your child was injured while under the care of another person, you have the right to seek compensation from the liable party. You may be able to recover compensation for medical bills, pain and suffering, and any ongoing medical care that may be required, depending on the severity of your child’s injuries.
An Opelousas child injury lawyer could advise you on the best steps toward recovery, as well as hold the responsible party accountable. Call an attorney today to learn more.
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