For a parent, there is nothing more devastating than seeing your child suffer pain. If your child was hurt in an accident caused by any other negligent party, you may be considering pursuing a legal claim. In this article, our Wilmington child injury lawyer highlights four key things that parents should know about the personal injury claims process in Delaware.
- A Parent has a Right to Pursue a Claim on Behalf of an Injured Child
In Delaware, when a child suffers an injury due to the negligence of another party, the parent or legal guardian has the right to pursue a personal injury claim on the child’s behalf. Children are not legally allowed to file lawsuits themselves, as they are considered minors. Instead, a parent or guardian must act as the child’s representative and seek justice and financial compensation
- A Child’s Future Medical Needs Must Be Considered
When pursuing a child injury claim in Delaware, it is crucial to consider not only the child’s current medical needs but also their future needs. Children may require ongoing treatment, rehabilitation, or therapy, and the cost of these services can be significant. An experienced personal injury attorney will work with medical experts to determine the full extent of a child’s injuries and the potential long-term impact on their health and well-being.
- Personal Injury Settlement for a Child Must Be Approved By a Delaware Court
Under Delaware law (2 Del. C. § 3901), any personal injury settlement involving a child must be approved by a court. This safeguard ensures that the child’s best interests are protected and the settlement amount is fair and adequate to cover their current and future needs. Notably, if the total value of the settlement is in excess of $25,000, some of the funds may need to be placed in a Court approved account. An experienced Wilmington child injury lawyer can help you navigate the settlement process.
Contact Our Wilmington, DE Child Injury Attorney Today
At Freibott Law Firm, our Delaware child injury lawyer is a compassionate, experienced advocate for victims and families. If you are a parent with any questions about a child injury claim, we are here to help you get justice. Get in touch with us at (302) 633-9000 or connect with us online to set up your free, confidential case review. We are well-situated to represent families in child injury claims throughout Delaware.