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.

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.