What Happens if a Minor is Injured in an Accident?

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What Happens if a Minor is Injured in an Accident?

Representing the Child’s Interests in a Personal Injury Matter

When an adult is injured in an accident of some sort, he or she may bring a personal injury lawsuit on their own behalf.  They can also settle with the other party at their discretion.  However, if a child is injured in an accident, it is the responsibility of the child’s parent or guardian to advocate for the rights for the child.  A child does not have this legal right prior to his or her 18th birthday.  It is the parent or guardian’s responsibility to act in the child’s best interest and make sure the child’s rights are protected.

Appointing a Guardian Ad Litem

Since children are unable, or lack the capacity, to protect their rights and their interests in any legal proceedings, a parent or guardian must step in and assume this responsibility.  Some states may require that there be a Guardian Ad Litem appointed to ensure the child’s interest are adequately represented.  A Guardian Ad Litem is usually a parent or guardian, or close relative of the child.

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Do the Same Statute of Limitations Apply for Adults and Minors Alike?

The Statute of limitations to file a personal injury lawsuit may vary from state to state.  The statute of limitations may also vary depending if the injured party was an adult or a minor.  The New York Civil Practice Law and Rules would indicate the proper statute of limitations.  A qualified New York personal injury attorney would be best to advise you of the appropriate statute of limitations.

If you have been injured in any type of accident, you may need the help of an experienced personal injury attorney.  Our attorneys have over a combined century of experience dealing with personal injury matters. Call the Law Office of Richard Kenny to get your free consultation today.

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Whether you need a car accident lawyer, slip and fall lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your personal injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

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