If your child suffered an injury due to another person’s negligence, you might be wondering how to seek legal recovery on their behalf. The legal system could be complicated at times, leading you to require the knowledge and experience from an injury attorney to navigate your case adequately. A Chandler child injury lawyer might be able to help. An injury attorney could provide the legal support you may require to hold the party responsible for your child’s injuries accountable.
Negligence is a legal doctrine used to hold defendants liable for accidentally causing harm to another. Negligence has four key concepts that all plaintiffs must prove through evidence:
The duty of care under negligence law is not the same for every person, and it could change depending on the age, expertise, or experience of the individual. One issue that might arise is when the defendant is also a minor. In such cases, a child injury attorney in Chandler would have to use a different standard of care than they would for an adult.
Minors under the age of seven cannot be considered negligent under the law. Children between the ages of seven and fourteen are given a rebuttable presumption that they were not negligent. However, a child above the age of fourteen could be held partially liable under the pure comparative fault rule per Arizona Revised Statutes §12-2505. The comparative fault rule could reduce or bar a plaintiff’s recovery if they are found partially or wholly to blame for the cause of the injury.
Children under the age of 18 are considered “minors” under the law. Minors are not able to bring a lawsuit on their behalf. Under tolling exceptions, younger children may have the ability to postpone the deadline to file a suit until 18 years of age. A Chandler attorney experienced with child injury claims could discuss whether postponing filing a suit is in a child’s best interest.
If more immediate relief is necessary, parents or guardians of the child may bring a lawsuit on their behalf. Any person with interest in the child could sue on their behalf if the parent does not file the lawsuit, such as a non-custodial parent or other family member.
Filing a claim on your child’s behalf could be overwhelming. A Chandler child injury lawyer could offer their experience, helping you make informed decisions for your child’s relief. An attorney could explain the litigation process and advocate zealously for your child’s right to recovery against the defense. To learn more about your options, call now, and schedule a consultation.