Ponchatoula Child Injury Lawyer
If your child sustained severe injuries because of the careless or reckless actions of another, you may be unsure about what options you have. Fortunately, a caring and compassionate Ponchatoula child injury lawyer can help you take legal action. After discussing your case and assessing its merits, a personal injury attorney can bring a claim on behalf of you and your child and pursue compensation for the financial losses stemming from this incident.
Statute of Limitations for Child Injury Cases
Every state sets its statute of limitations for personal injury claims. This law gives the plaintiff a limited period to file a claim against the defendant for their damages. While Louisiana only allows for one year to file a claim for injuries to adults, there is an exception for children found according to Louisiana Civil Code Article 3492 for minors in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. As per this law, the statute of limitations does not begin for a child until they turn 18 years old.
While this could potentially allow a plaintiff many years to file a claim, depending on when the accident took place in the minor’s life, it is advisable to speak to a Ponchatoula child injury attorney as quickly as possible. Not only is it more challenging to preserve evidence and find witnesses as time goes on, but the sooner a suit is filed, the sooner the plaintiff can potentially collect their damages.
Who Can Bring a Claim for a Minor?
The age of majority in Louisiana under L.A. Civ. Code Article 29 is 18 years of age, so a minor does not have the capacity to file a lawsuit. Depending on the family, a child’s mother, father, guardian, or a court-appointed representative may file a claim on behalf of the minor.
Additionally, as is typically the case, while the child is the party who suffered harm, it is the parent who experienced a financial loss. An experienced Ponchatoula lawyer can assess a child injury case and determine who may file a claim on the minor’s behalf.
What Damages Can a Plaintiff Recover in a Child Injury Case?
Under state law, a plaintiff may pursue compensatory damages that have both economic and noneconomic considerations. Economic damages refer to out-of-pocket expenses such as emergency hospital services, continual medical treatment, ongoing rehabilitation, and medication costs. Because the parent or guardian is likely the party that bears the burden of these financial losses, they generally can collect the damages awarded by the court.
Noneconomic losses account for psychological harm such as pain and suffering, disfigurement, and humiliation. A Ponchatoula lawyer can help a plaintiff calculate and pursue the full amount of damages associated with their child injury claim.
Speak with a Ponchatoula Child Injury Attorney
No parent wants to see their child suffer. What can exacerbate this already traumatic situation is taking legal action against the liable party. If you are considering filing a lawsuit for your child’s damages, you should talk to a Ponchatoula child injury attorney as soon as possible.
A local legal ally can help clarify the specifics of your case, discuss legal strategy, and represent your child’s best interests in court. Together, you may be able to achieve a positive outcome to this situation. Call today to find out what we can do to help you and your child.