St. Charles Child Injury Lawyer

If your child suffered an injury because an adult acted recklessly or carelessly, you may feel conflicted regarding your next steps. While civil recovery may allow you to protect your child’s future prospects and achieve a measure of justice, it is also understandable to be hesitant about putting your family through a prolonged court battle or settlement negotiation.

Fortunately, a St. Charles child injury lawyer could simplify the process of seeking damages and improve your chances of obtaining a favorable outcome in your case. Once retained, your compassionate personal injury attorney from Mutrux Firm Injury Lawyers could take the lead on pursuing the restitution your child needs for the losses they sustained.

Possible Grounds for Child Injury Litigation

In many situations, the basic legal mechanics for child injury cases are the same as those for claims involving adult plaintiffs. A person who causes compensable losses through a breach of their duty of care can be held financially accountable for those losses, regardless of whether the injured person is a minor or an adult.

However, there are a few ways in which child injury claims work differently compared to other types of cases. First, there are scenarios in which adults have a responsibility to protect children from harm when they might not be liable for adults who are hurt under the same circumstances. This means that it is important to discuss litigation options with a St. Charles child injury attorney after an accident involving a minor to determine whether recovery may be possible.

Additionally, the filing deadlines set by the civil statute of limitations are more generous for child injury cases than they are for cases involving adults, since children cannot represent themselves in court. Rather than five years following the date of injury, plaintiffs in child injury claims may have up until the child’s 21st birthday to file suit, regardless of how old the child was when they actually suffered harm.

Recovering Compensation for an Injured Child in St. Charles

If your child has been injured, as the parent, you would file the claim for them. When you trust  The Mutrux Firm Injury Lawyers, you can count on us to help you file your child’s claim, and help you throughout the litigation process. Some of the most common types of child injury claims include:

  • The medical expenses incurred due to the accident. Your child injury claim can help you cover some of those medical bills.
  • Lost wages if your child has a job, which could put them in a difficult spot financially.
  • Diminished earning capacity. This is true if the injury your child incurred prevents them from working in the future. This loss may be included in your personal injury claim.
  • Emotional and physical pain and suffering caused by the accident.

Who Is Responsible for My Child’s Injury?

There are a few discrepancies between child and adult injury claims, such as who is liable for the accident and the initial investigation after the injury occurs. The adults supervising the children have a certain duty of care to protect the children around them. For example, if you are driving in a car with your child, you have a duty of care to ensure they are safe.

Determining liability in a child injury case is different from an adult case. There are a few different details to look at here:

  • Who had the duty of care to look after the child when the accident occurred?
  • In which ways was the duty of care not followed?
  • How did their breach of duty of care cause the accident?

st charles child injury lawyer

Rules for Settling a Child Injury Claim

Perhaps the most notably unique aspects of child injury litigation are the various additional rules and restrictions that apply to settlement negotiations. Under Missouri Supreme Court Rule 52.02, a parent or guardian seeking to settle a personal injury claim on their minor child’s behalf must seek court approval through a formal motion before they can begin negotiations or suggest a fair settlement amount. The court must also appoint guardian ad litem to negotiate on the minor’s behalf.

If a child injury case settles for an amount greater than $10,000, the court must appoint a conservator to receive the award and manage it until the child comes of age. While a conservator is not required for settlements under $10,000 in value, other requirements may still apply that a child injury lawyer in St. Charles could explain if needed.

A St. Charles Child Injury Attorney Could Guide You Through Your Case

There are some ways in which state law is lenient when it comes to child injury lawsuits, and other ways in which it imposes much stricter regulations than those applicable in other injury claims. In both respects, guidance from a seasoned legal professional could be crucial in helping you effectively recover the financial restitution your child needs.

A St. Charles child injury lawyer could answer all of your questions about the litigation process during a confidential consultation. Schedule yours by calling our office today.

St. Charles Child Injury Lawyer FAQs

What types of cases does a child injury lawyer handle in St. Charles, MO?

Child injury lawyers handle a wide range of cases, including but not limited to accidents, medical malpractice, daycare injuries, school injuries, and product liability cases that result in harm to a child.

How do I know if I have a valid child injury case in St. Charles, MO?

Consult with a child injury lawyer to evaluate the circumstances surrounding your child’s injury. They will assess the case based on factors like negligence, liability, and the extent of the child’s injuries.

What compensation can I seek for my child’s injuries in St. Charles, MO?

Compensation may include medical expenses, rehabilitation costs, pain and suffering, emotional distress, and any other damages resulting from the injury. A child injury lawyer will help you identify the types of compensation applicable to your case.

How long do I have to file a child injury claim in St. Charles, MO?

The statute of limitations for child injury cases varies, so it’s crucial to consult with a lawyer promptly. In Missouri, the time limit for filing a personal injury lawsuit is generally five years, but exceptions may apply.

What role does insurance play in child injury cases in St. Charles, MO?

Insurance policies, such as homeowners’ insurance or liability insurance, often come into play in child injury cases. Your lawyer will help determine which insurance policies may cover the damages and work with the insurance companies on your behalf.

How do I choose the right child injury lawyer in St. Charles, MO?

Look for a lawyer with experience in child injury cases, positive reviews, and a track record of successful settlements or verdicts. Schedule consultations to discuss your case and assess whether you feel comfortable working with the attorney.

What happens during the legal process for a child injury case in St. Charles, MO?

The legal process typically involves investigation, negotiation with insurance companies, and, if necessary, filing a lawsuit. Your lawyer will guide you through each step, advocating for your child’s best interests.

Can I afford a child injury lawyer in St. Charles, MO?

Many child injury lawyers work on a contingency fee basis, meaning they only get paid if you win the case. This arrangement allows you to pursue legal action without upfront costs.

What should I do if my child has been injured in St. Charles, MO?

Seek medical attention immediately, document the incident, gather evidence, and contact a child injury lawyer as soon as possible for guidance on how to proceed legally.