As a parent, nothing is more terrifying than having your child suffer a serious injury. Children can be hurt in many types of accidents, including car wrecks, premises liability claims, and dog attacks. Some children are injured at school, while others might be hurt while riding in a vehicle with you. Contact Ball, Kirk & Hom, P.C. to talk about your case.
The process for settling a child injury claim is different than the one for adults. There is a simple reason. A child is not a legal adult, so they cannot form contracts. Furthermore, the law doesn’t assume that parents will always know whether a settlement is fair. Iowa involves the courts in many settlements, especially those that are worth more for more serious injuries. Reach out to our Waterloo personal injury attorneys to discuss an accident involving your child.
Different Laws Apply to Children
Children are often afforded greater rights because of their age. For example, trespassers who enter a property without permission cannot typically sue because of a property defect. Suppose a drunk adult wanders onto someone’s property and falls into a swimming pool. They weren’t supposed to be on the property, so they can’t sue.
But the law gives children the right to sue in some cases, even if they trespassed. A child who is injured due to a property defect might sue if the owner wasn’t reasonable in how they managed the property.
Another difference involves the statute of limitations. This is the amount of time a victim gets to file a lawsuit. Generally, adults have two years from the day of the accident, pursuant to Iowa Code § 614.1(2). However, a child will have one year past their 18th birthday to file a lawsuit. That means a child who is injured at nine years of age gets about 10 years to sue.
Of course, settling a case is an option, but the process is possibly more complex, as we discuss below.
How to Settle a Child Injury Case
It’s common to settle accident claims. Iowa sets out different procedures for parents, depending on the amount of the settlement.
For example, if the settlement is for more than $10,000, then you should set up a conservatorship for your minor child. You can propose yourself as the conservator, whose job is to ensure your child’s best interests are advanced.
Most cases will require a conservatorship unless your child suffered only minor injuries. Today, $10,000 is not much, considering the cost of medical care. Your child should also seek money for pain and suffering, emotional distress, and possibly future losses. If your child is already working, they can request lost wages. In our experience, most accidents are for more than $10,000.
Parents are not always appointed as conservator. In certain cases, a different adult or even a lawyer will be appointed by the court. The key with a conservatorship is that the child’s needs are considered the most important.
A judge will also need to approve a settlement. The judge might hold a hearing to assess whether the settlement is fair given the facts, such as your child’s injuries and possible future losses. The judge will also consider the defendant’s insurance. A judge’s approval is also necessary when it comes to making disbursement of funds. For example, a judge will need to approve the attorneys’ fee for work involved in the case to ensure it is reasonable.
Judges play no comparable role in accident cases involving adults. An adult can settle their claim for however much they want. But the court’s job is to make sure a child’s best interests are protected. Some parents are upset that a judge doesn’t automatically think the parents are looking out for the child. But this process was created by the state to protect children.
Accessing Your Child’s Settlement
Your child will have the legal right to freely access the settlement proceeds when he or she reaches 18. Once they are adults, they can use the settlement however they want. Before then, the conservator will need to manage the funds. If you want to dip into the settlement before your child is 18, then you typically need a court’s permission.
You also need permission to get medical bills paid. As parents, you undoubtedly paid for your child’s treatment. The settlement should reimburse you for these medical expenses. Call our office if you need assistance. There are steps you need to follow.
Remember, the settlement proceeds belong to the child, who has a distinct legal identity from their parents. Iowa law doesn’t just give parents the right to spend their child’s settlement however they want. You might also need a judge’s permission to access the proceeds for educational expenses and things like that.
How We Help Families when Their Child is Injured
Our Waterloo personal injury lawyers can handle the entire claims process. First, we can gather necessary evidence to use when negotiating a settlement. The judge doesn’t negotiate for you—it’s up to your lawyer.
Second, our team knows how to get a conservatorship created, and we can handle the negotiation with the defendant who injured your child. Our legal team also sets up accounts to hold the settlement.
We will also represent you in court and provide whatever evidence is requested by the court to get the settlement approved. Once your conservatorship is created, we can handle additional duties, such as filing any reports with the court or getting your medical expenses reimbursed.
Was Your Child Hurt in an Accident? Give Us a Call
When looking for an attorney, only hire one who has handled child injury cases. As you can see from the above, they are unique. Ball, Kirk & Holm, P.C. has the experience you need when trying to settle a child injury case. We can show how the defendant has liability, and then work to get a court’s approval for a settlement (when necessary). To find out more about what steps to take, call our office and schedule your complimentary consultation.