Buffalo personal injury lawsuits involving an injury to a child under the age of eighteen are not uncommon.
In fact, some types of personal injury cases, such as dog bite cases, are more likely to involve injury to a minor than to an adult.
A person under the age of eighteen, however, cannot legally pursue a personal injury claim on his or her own behalf.
Because an individual under the age of eighteen may not pursue a lawsuit on his or her own behalf, any claim for personal injury must be brought by a parent or legal guardian acting on behalf of the child.
In such cases, the parent or legal guardian will technically be the plaintiff in any lawsuit.
If the plaintiff is awarded monetary damages on behalf of the child or receives damages as a result of a settlement, a court typically will review the amount of the award and the manner in which it is paid to the plaintiff.
This is done to ensure that the child is being treated fairly and is the ultimate beneficiary of the monetary award.
If the parents or guardians choose not to pursue damages in behalf of a child, the child may not pursue a personal injury claim while still a minor.
Fortunately for injured children whose parents choose not to pursue a claim, however, the statute of limitations within which to file a personal injury lawsuit is tolled during the period of the injured party’s infancy.
This means that the statute of limitations – which is usually three years in personal injury cases – does not actually begin to run until the injured person turns eighteen years old.
As a result, an injured infant whose parents refuse to file a personal injury lawsuit may file such a lawsuit within three years of turning eighteen.
If your child has been injured due to someone else’s negligence, we can help you. Call us at 716-631-9999.
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