What you should do when your child is injured
Most parents have one harrowing nightmare. Their worst dream is something or someone could harm their child. When an accident is the fault of another, it is important to know the steps in pursuing a personal injury claim against the culpable party. This includes information as far as who can pursue the case. It is also imperative to be aware of time limitations. It may also be beneficial to understand what happens to any money that is recovered on behalf of a child under the age of 18.
Who can bring a claim on behalf of a child? If the child has a parent or natural guardian, that person may make decisions for the child’s case. In the absence of either representative, the New Jersey courts require that someone is appointed Guardian ad Litem. A law firm such as the Law Offices of Anthony Carbone assists its clients in determining the person who is considered qualified to bring the action. This could include a grandparent, aunt or uncle, or adult sibling. The local Surrogate’s Court makes the ultimate decision and appointment.
New Jersey laws are somewhat more flexible when it comes to bringing a case that involves personal injuries to a child. Although the time to bring a case may be extended, it is not recommended to wait to bring an action. Important information relative to a claim may be hard to find over as years pass. This could include police reports, medical records and property inspections. It is extremely important to check with a personal injury attorney to understand when the claim should be filed. In cases involving children, the court approves settlements.
What happens to the money awarded for a child’s injuries? The law requires that the court hold any funds in excess of $5,000. The money is deposited in a special account. Generally, the courts try to hold on to the money to disburse when the child becomes an adult. However, the courts do allow the child’s representatives to make application to release portions of the funds. Most often, the money can be used for medical expenses or approved education.
If your child has been involved in any type of accident, it is important to seek the services of a qualified attorney. The Law Offices of Anthony Carbone has over 25 years of experience with these types of cases. We will review your child’s case at no charge. Contact us today.