Everything You Need to Know about Child Injury Claims in AZ
There are strict laws and regulatory frameworks in place to protect children in vehicles. The right safety precautions have to be undertaken each time a child is going to be a passenger in a car. Still, accidents do take place and it’s possible for a minor to get injured. If your child has just sustained injuries in a car accident, you may be feeling lost and confused. Handling the medical bills and making sure that your little one is ok can be too much. Still, you need to understand that special rules do apply to child injury claims in AZ. These rules give parents the freedom to seek financial compensation from the negligent party in court.
Arizona Laws and Regulations
One of the most critical distinction between regular personal injury claims and minor personal injury claims in Arizona is the statute of limitations.
An adult who gets injured in an Arizona car accident will have two years from the date in order to bring forward a claim against the responsible party.
For child injury claims in AZ, the two-year statute of limitations will begin running at the time when the child turns 18 (or becomes emancipated). This means that parents have a significantly longer amount of time to undertake action against a negligent individual or entity.
Filing a lawsuit immediately, however, is still the best idea. Collecting evidence and having a thorough log of related expenses will be much easier immediately after the accident. Parents are advised to seek the assistance of a personal injury lawyer immediately after they’ve sought treatment for the child.
Specifics of the Claim: Can Things Get Difficult?
These regulations apply both to car accidents and school bus accidents. The situation, however, could become more difficult whenever a child sustains injuries in a school bus accident.
Such occurrences involve large companies that offer commuting and transportation services. These companies have legal departments responsible for handling such claims. As a result, parents will need to hire an experienced attorney in order to get financial compensation after their child sustains school bus injuries.
Arizona is a comparative fault state. This means that a lawsuit can be launched against all of the parties responsible for the personal injury. If the negligence can be established, the parties will also be responsible for the payment of the compensation to the family.
Thus, it’s very important to identify all the guilty parties in child injury claims in AZ. In such a situation, even if one of the parties can’t make the payment or if negligence cannot be established, the other parties involved will still have to provide coverage.
Compensation that Parents are Entitled to
Whenever a child gets injured in a car accident, parents can demand several types of compensation.
For a start, coverage will have to be provided for medical expenses and eventual rehabilitation following the traffic accident.
Even families that have a medical insurance policy that provides coverage in such situations are entitled to filing a negligence lawsuit against the guilty party.
Punitive damages can also be collected. Such damages will typically be awarded in an Arizona court when a judge determines that the guilty party has exhibited more than basic negligence. Reckless and malicious behavior on the road will usually result in more serious consequences.
Driving under the influence is one type of reckless behavior. In such a situation, the court will usually provide punitive damages to the family. Drivers that are speeding, legally-impaired drivers and drivers who commit serious traffic law violations will also be exhibiting reckless behavior.
Other than these essentials, there are a few other ways in which a child personal injury claim can be different from an adult claim. The settlement could potentially be placed in a restricted bank account. Alternatively, the funds can be used for a structural settlement. To understand these specifics and how they will affect your family, you should consider a consultation with a personal injury attorney as soon as possible.