Child injury lawsuits are civil lawsuits filed on behalf of the minor after another party’s negligence or wrongful conduct caused them harm. Parents or legal guardians must file them, as anyone under 18 is ineligible, and our personal injury attorneys can assist you. The leading causes of these suits are car crashes and pedestrian accidents, and settlements involving minors require special protection. Call to schedule an appointment with our compassionate Owasso child injury lawyer to review your case and learn more.
You would like to believe your child is safe at all times, but the world can unfortunately be a dangerous place. Examples of the typical causes of child injuries that lead to civil actions include:
When these cases involve minors, it is important to note that the state recognizes that children aged seven and younger have limited capacity for negligence, and, from age 14, have a rebuttable presumption against it. A legal rule of evidence requires a judge or other decision-maker to determine liability based on the strength of the evidence. Our skilled Owasso child injury attorneys can answer your specific questions after reviewing the specifics of your case.
Common challenges in lawsuits stem from the vulnerabilities of minors and the long-term impacts of injuries and procedures. The suits differ substantially from those involving legal adults, and we recommend working with our dedicated Owasso attorneys to ensure all elements of your child injury case are accounted for.
Cases often result from accidents involving property owners, caregivers, and teachers, and they are subject to stricter standards than others. It is typical for an adult to argue that they took the appropriate and reasonable steps, which can be difficult to overcome because detailed memories and clear descriptions of the specifics are often more difficult for children. This can also affect medical exams and complicate your ability to prove causation, which is evidence that the individual’s reckless actions were a direct cause of the injuries.
Calculating the necessary lifelong monetary damages is also challenging because children are still growing and developing. Severe injuries can stunt the minor’s physical development, require ongoing surgical procedures, and impact their future earning capacity. The process often requires meeting with pediatricians and other specialists to accurately project future needs.
Parents or legal guardians file injury suits on the child’s behalf, and the state imposes strict guidelines that require additional protections for compensation. Cases involving minors require court oversight to protect the child’s best interests because they lack the full legal capacity to enter binding contracts, such as a settlement.
Under Oklahoma Statutes § 12-83, settlements of more than $25,000, after deducting medical fees and other expenses, or more, require court approval. After settlement, the funds go directly to a court-approved and protected federally insured savings account, trust, or structured settlement. Any withdrawals before the minor turns 18 require a court order to prevent misuse of the funds. Our experienced child injury lawyers in Owasso can guide you through each step of the process.
When your child suffers harm because of the careless actions of someone else, the aftermath can feel overwhelming. While the cases come with additional challenges, knowing your rights and working with a seasoned legal professional can help you reach the best potential outcome.
Call our office to schedule a free consultation with our seasoned Owasso child injury lawyers to review your case and get started. We can answer your questions, provide support and legal advice, and help you through the process.
(918) 744-7100