Navigating Child Injury Claims in New Jersey: A Comprehensive Guide for Parents

There’s no heartache quite like seeing your child hurt or in pain. Injuries, whether accidental or due to someone else’s negligence, can be traumatic for both the child and the parents. As a parent in New Jersey, understanding the legal pathways to ensure your child receives justice and necessary support is essential. This comprehensive guide aims to assist you in navigating child injury claims, ensuring the best outcome for your family.

What Constitutes a Child Injury Claim?

At its core, a child injury claim arises when a child is harmed due to someone else’s negligence, intentional misconduct, or a product defect. This could range from car accidents, defective toys, school-related injuries, medical malpractice, to playground mishaps or dog bites.

Determining Liability

To succeed in a child injury claim, it’s typically necessary to prove negligence on the part of another person or entity. This involves establishing:

• That the party owed a duty of care to the child.
• The party breached this duty.
• This breach directly led to the child’s injury.
• The child suffered damages as a result.

In cases involving product defects, you need to prove the product was defective as designed or manufactured and caused harm.

Potential Damages

In a child injury claim in New Jersey, several types of damages can be pursued:

• Medical Expenses: Covers current and projected medical bills arising from the injury.
• Pain and Suffering: Compensates for the physical and emotional trauma the child experienced.
• Loss of Future Earnings: If the injury is severe and might impact the child’s future earning potential, this can be claimed.
• Rehabilitation and Therapy Costs: Any expenses tied to the child’s physical or psychological rehabilitation.

Immediate Steps to Take

• Medical Care: Prioritize your child’s health. Seek immediate medical attention, even if injuries initially appear minor.
• Document Everything: Collect evidence, take photographs of injuries, the scene, and any factors you believe caused the injury.
• Witnesses: Obtain contact details of any witnesses. Their testimony can be crucial later.
• Avoid Signing: Be wary of initial settlement offers or statements insurers might want. Consult with a lawyer before signing anything or giving a statement to insurers.

Statute of Limitations for Child Injuries in New Jersey

In New Jersey, the statute of limitations for personal injury claims is generally two years. However, when minors are involved, the rules differ to accommodate the fact that children may not have the capacity or means to initiate a legal action immediately after an injury.

Statute of Limitations for Minors in New Jersey:

• Tolling for Minors: The term “tolling” refers to the temporary suspension of the time limit in specific situations. In New Jersey, the statute of limitations is tolled for minors. This means that the clock on the two-year time limit doesn’t start ticking until the child reaches the age of 18.
• Filing Deadline: Given the tolling provision, a person who was injured as a minor has until their 20th birthday to file a personal injury lawsuit.
• Exceptions: There are certain exceptions to the general rule. For example, if the child’s injury claim is against a government entity, there might be specific notice requirements and a shorter time frame to file the notice of claim. It’s essential to consult with an attorney to ensure you adhere to all deadlines and requirements.
• Guardians and Legal Actions: While the statute of limitations is tolled, a guardian or parent can initiate legal action on behalf of the injured minor before they reach the age of 18.
• Medical Malpractice: If the injury resulted from medical malpractice, different rules might apply. For instance, in medical malpractice cases involving minors under the age of 4, the lawsuit may be filed by the minor’s 13th birthday. However, for malpractice occurring at or after the age of 4, the standard two years after the 18th birthday would apply.

Why it Matters

Understanding the statute of limitations is crucial because if you fail to file a lawsuit within the appropriate time frame, you risk losing your right to pursue compensation altogether, no matter how valid or severe the injury claim might be.

Recommendation

Given the complexities and nuances of the law, especially when children are involved, it is always advisable to consult with an experienced personal injury attorney in New Jersey. They can provide guidance tailored to your specific situation, ensuring that your child’s rights are protected and that any claims are filed timely.

The Role of a Guardian Ad Litem

In some situations, the court might appoint a Guardian Ad Litem – a neutral third party responsible for representing the child’s best interests throughout the legal process.

Understanding Damages

Damages in child injury claims can be broadly categorized into:

• Economic Damages: Tangible costs like medical bills, therapy costs, and any other out-of-pocket expenses.
• Non-Economic Damages: Intangible impacts like pain, suffering, trauma, or lasting disabilities.

Settlements in Child Injury Claims

Often, parties opt for settlements to avoid lengthy trials. In New Jersey, courts usually review settlements involving minors to ensure they’re in the child’s best interest. The Court determines whether to approve the proposed settlement. Money awarded to the child might be placed in a trust or structured settlement until the child reaches adulthood.

Factors Influencing the Claim

Several factors can impact the claim:

• Severity of Injury: More severe injuries often result in higher compensations.
• Negligence: The claim’s success depends on proving the negligence of the other party.
• Long-Term Impact: If the injury has lasting impacts on the child’s life, it can significantly affect the compensation amount.

The Importance of Expert Representation

Child injury claims are emotionally charged and legally complex. A skilled attorney can:

• Guide you through the legal maze, ensuring you meet all deadlines and requirements.
• Advocate fiercely on behalf of your child, ensuring fair compensation.
• Handle negotiations, relieving you of additional stress.

Preventive Measures

While compensation can address financial concerns, the emotional trauma of injuries can be long-lasting. It is crucial to teach children safety measures, monitor their activities, and ensure they use safe products.

How Hartman Duff, LLC Can Assist

At Hartman Duff, LLC, we are deeply committed to standing by families during their trying times. With vast experience in child injury claims, our dedicated team prioritizes your child’s well-being, ensuring they get the justice they deserve.

Contact an Experienced Personal Injury Attorney at Hartman Duff, LLC for a Free Consultation About Your Case Today

No parent should navigate the aftermath of a child’s injury alone. By understanding the legal landscape and partnering with knowledgeable legal counsel, you can ensure the best possible outcome for your child. At Hartman Duff, LLC, we are not just lawyers. We are also parents of child. This fact, combined with our experience, makes us particularly well-suited advocates committed to restoring hope and ensuring justice. If your child has been injured in New Jersey, reach out, and let us guide you through the process.