Can I Sue for My Child’s Personal Injury?

A personal injury, whether minor or severe, can result in expensive medical bills. Procedures may be as simple as a shot or a few stitches. However, they can be complex as well, including physical therapy or even long-term care. Depending on the injury, it can extend to more than just physical suffering. Children, in particular, may struggle to come to terms with the trauma of a personal injury. This can result in mental health bills in addition to your other medical expenses. Not only do you have to worry about your child and their recovery, but you also have the additional grown up stresses that revolve around finances.

Statute of Limitations

In the state of Louisiana, there is a one-year statute of limitations on personal injuries. This means actions must be filed within one year of the day an injury has occurred. However, this is not true when it comes to injuries resulting in permanent disabilities and brought pursuant to the Louisiana Products Liability Act for minors. Parties (of up to ten people) who are injured in an accident can sue an individual or company in small claims court for personal injuries.

Minors and the Law

A minor is anyone under the age of 18 in the state of Louisiana As a parent or legal guardian, it is your responsibility to seek counsel for your child’s personal injury. While a permanent disability resulting from a personal injury may extend your timeline, you should seek legal counsel shortly after any injury occurs.

Doctors and Documentation

Make sure you document everything. If your child was playing on a neighbor’s treehouse and fell due to unsafe railings, take pictures of the tree, railing and anything else that could support your case. Keep receipts for anything related to your child’s personal injury and recovery. Maintain copies of any documents from the doctor, including the diagnosis, treatment, and medical instructions. File a police report if a criminal act resulted in your child’s injury.

Talk to a Lawyer

You should seek counsel as soon as possible after a personal injury. Medical expenses, the pain and suffering your child may experience, and other such things may entitle them to compensation. Bills may start small but grow as your child’s care or resulting needs increase. Do not wait until the financial obligations are beyond your means as the statute of limitations may run out. Be your child’s advocate and seek legal help for a personal injury they have suffered.