Discovering your child has been injured in an Arkansas accident is one of the most distressing situations a parent can ever face. However, the good news is that, while personal injury claims involving children are slightly different from adult ones, you absolutely have the right to sue for damages as the child’s parent.
Some of the key differences include the role of the child’s parents in seeking justice, involvement of courts in managing settlements, and the types of damages recoverable under Arkansas statutes.
Believe it or not, the fact that an injured child is at the center of a personal injury case will not stop the insurance company from seeking any way to pay you as little as possible. Protect your child’s rights by talking to a Justin Minton Law personal injury lawyer who is as passionate about seeing justice done as you are – in a free consultation.
According to ChildStats, unintentional injuries are important causes of sickness, reduced quality of life, and disability for children. In 2019, injuries to children cost $396 billion. If someone else’s negligence was the cause of your child’s injury, you should not have to bear the costs that result from that injury.
Tragically, accidental injuries are also the leading cause of death for children in two age groups: 1 to 4 and 5 to 14. If someone else’s negligence led to your child's passing away, you have the right to file a wrongful death claim.
Just as in an adult personal injury or wrongful death claim, there are 4 distinct parts to proving personal injury claims involving minors:
An experienced Arkansas personal injury lawyer can thoroughly investigate the circumstances of your child’s accident in search of evidence to build a strong case for compensation. Schedule a free consultation with Justin Minton Law to discover your options.
Enshrined in Arkansas personal injury law is the right to pursue compensation when a child gets hurt. However, the law does not consider children to have the capacity to make certain decisions on their own. Therefore, the child’s parents or legal guardian must represent them in any personal injury lawsuit.
This means that parents can:
Broadly speaking, children enjoy the same protections as adults under Arkansas law. However, there are a few exceptions in compensation and statutes of limitations that a personal injury attorney must take into account when fighting for maximum compensation.
Just as in adult personal injury claims, parents have the right to pursue compensation for both economic and non-economic damages.
Economic compensation in child injury cases focuses on medical costs. This includes all expenses related to treating the child’s injuries, such as:
Arkansas law allows the child’s parents to seek recovery of all reasonable medical costs associated with the child’s injuries. However, as children do not work, they are not entitled to compensation for lost wages or business opportunities.
The good news is that, if your income as parents was affected by your child’s injuries, you can pursue compensation for these losses. In cases involving serious injuries, parents can also claim for future medical and care costs.
Justin Minton Law’s personal injury lawyers can collaborate with medical and financial experts to accurately calculate these costs. This process involves understanding all the treatments and caregiver support your child will need on an ongoing basis and calculating a reasonable sum so he or she will always have the necessary funds to cover medical needs.
Non-economic compensation assigns a dollar value to all the intangible losses the child suffers. This may include:
Compassionate and experienced Justin Minton Law wrongful death lawyers are just a phone call away – determine your rights today!
Under Arkansas law, the statute of limitations for personal injury claims is 3 years. However, for minor children, this is paused until they reach the age of 18. This gives parents an extended window of opportunity to fight for their child’s rights.
So if a child gets injured when he or she is 14, the clock only starts ticking once the child turns 18. This gives parents 7 years, until the child is 21, to file a personal injury lawsuit.
Is this a good thing? Yes and no. While it gives parents more time, it is usually best to pursue personal injury claims while the incident is still fresh in everyone’s mind. So, rather than biding your time, schedule a free consultation with a Minton Law personal injury attorney as soon as possible after your child’s accident.
Medical malpractice cases are governed by a different statute of limitations. According to Arkansas Code § 16-114-203 (2024), the ordinary deadline of 2 years can be longer if the injured person was a young child. Parents of children who are under the age of 9 when the medical malpractice occurred have until the child’s 11th birthday to file a claim.
If the medical injury was not discovered by the child’s 11th birthday, then parents have until the child’s 19th birthday to commence medical malpractice cases in certain circumstances.
As these examples show, the differences between adult and child personal injury claims can be complex. If you have questions, reach out to Justin Minton Law today.
In successful adult personal injury cases, the accident victim usually receives the final damages or settlement in a lump sum, minus costs and attorney fees. However, personal injury damages for children are treated differently under Arkansas law.
The Arkansas court system looks out for the best interests of minor children who have been injured because of another person’s negligent or intentional act. One way it does this is by requiring that most child injury settlements receive court approval to ensure they are fair.
The Arkansas Statutory Thresholds for Settlement Agreements Involving Minors Act states that settlements of $25,000 or less do not necessarily require a formal hearing. However, the parent or guardian must submit a sworn affidavit and place the funds in a restricted account or annuity that is solely for the child’s benefit.
For settlements above $25,000, court approval is mandatory. It is common for a guardian to be appointed to represent the child, and a petition will be filed in the probate division of the circuit court. The judge will review the terms and how the funds will be allocated before authorizing them to be disbursed. The goal of this process is to ensure the injured child receives the full benefit of any settlement.
This review of Arkansas statutes may raise concerns about your rights as a parent and how any settlement would be handled. Talk to a Justin Minton Law personal injury lawyer who can answer your questions and put your mind at ease.
Young children are more vulnerable to being seriously injured in accidents and sustaining long-term injuries. Common scenarios that lead to child injury claims include:
Every personal injury case requires a thorough investigation to uncover compelling evidence for who was liable. Depending on the circumstances of your child’s accident, potentially liable parties include:
It is easy to assume we know what happened, but an investigation by a personal injury law firm may uncover a different story. So talk to Minton Law about what happened and let us advise you on your rights to pursue legal action and how we would go about building a strong case for compensation.
Without a personal injury lawyer advocating for your child, you are at the mercy of unscrupulous insurance adjusters. With a Minton Law personal injury attorney fighting for your child’s rights, you get the following benefits:
Your child deserves the best chance of securing justice. Justin Minton Law is ready to stand up to the insurance company and fight to protect your child’s future.
Nothing in the world means more to us than our children; so when your child gets hurt and it is someone else’s fault, do not settle for second best.
When you hire Minton Law, you are getting more than your average law firm can offer. Headed up by former insurance adjuster Justin Minton, our attorneys can give you a unique insider perspective on how the other side thinks and operates. Are you ready to see us anticipate the insurance company’s tactics and fight for every dollar your child deserves?
If so, call (501) 222-HURT to talk to a Justin Minton Law personal injury attorney today, or fill out our contact form, and we will get back to you very soon. Let’s work together to pursue the best possible future for your child.
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