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Personal injury cases involving children and young adults can be more complicated than those involving adults. In some states, specific statutes apply to "minors" that protect them from being put in situations where they see injurious or traumatic events. The laws also provide special legal protections for proceedings in these cases. This article will discuss why personal injury cases with minors are more complicated.
Reasonableness
The reasonableness standard is used in determining whether an injury is legally defensible. The rule of law that governs the reasonableness of a party's conduct depends on the circumstances and facts of each case. The motive and intent of the injured party are the key factors in deciding whether a defendant's actions were reasonable or unreasonable. These two factors are often combined to determine negligence in most personal injury cases involving minors. These are intention and motive.
Statutes
Minor statutes protect minors from being put into dangerous situations. These statutes also provide special legal protections for proceedings in these cases. Minor statutes are also referred to as child protection, child access prevention, or child pornography laws. The law is constantly changing regarding minors and their personal injury cases. While Lawler Brown Law Firm is attempting to protect children from some of the negative effects of growing up, the laws often interfere with an injured child's ability to develop the coping mechanisms necessary to make life-changing decisions early.
Personal Injury Cases
When an injured child is involved in a personal injury case, the courts play a key role in determining what makes a reasonable response and what doesn't. The courts judge each case based on the facts and circumstances of that situation. For example, suppose another driver's negligence seriously injures a minor, and there are no special statutes limiting the damages to be awarded to that particular person. In that case, there may be no liability for loss of future earnings or pain and suffering. However, if there is a victim's compensation law, parents could be held responsible for the damages from an injury caused by another driver.
Liability
If an injured child has any questions about a personal injury case, parents can take legal action against the negligent driver. Minors should never accept anything from a person who injures them. Under no circumstances should an injured child sign a release or settle for less than what is lawful.
Parents' Responsibility
Parents should involve their children in settling any legal issues arising from the incident. Usually, parents are held responsible for the costs of their minor children's injuries. However, if their children are emancipated minors, they may not have to pay anything.
Personal injury cases involving minors are getting more and more complicated. The law is constantly changing regarding children and their personal injury cases. Specific statutes apply to "minors" that protect them from being put in situations where they see injurious or traumatic events. The laws also provide special legal protections for proceedings in these cases.
