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CategoriesLegal Rights After a Child’s Injury: What Parents Need to Know
When protecting children, prevention is always the first line of defense. That’s why November’s National Child Safety and Protection Month is so important. It reminds parents, caregivers, and communities to stay vigilant about child safety at home, in schools, on playgrounds, and everywhere kids spend time.
Unfortunately, even with the best precautions, accidents still happen. And when a child is injured because of someone else’s negligence, families have legal options to hold the responsible party accountable.
That can include pursuing compensation for medical expenses, therapy, pain and suffering, and any long-term care your child may need as they recover.
As experienced St. Louis personal injury lawyers, we understand how devastating it can be to see your child hurt. Here’s what every parent should know about their rights and next steps after an injury.
Common Causes of Child Injuries
Children can be injured in different settings, often due to circumstances outside a parent’s control. For example, in 2015, Missouri reported 105,515 injury-related emergency department visits among children aged 1–14, many of which resulted from preventable accidents.
Some of the most common include:
- Car Accidents: Children are vulnerable in traffic collisions caused by negligent drivers, whether as passengers, pedestrians, or bicyclists.
- School or Daycare Accidents: Schools, daycares, and after-school programs have a legal duty to keep children safe. Failing to supervise properly or maintain safe facilities can lead to serious injuries.
- Unsafe Property Conditions: A property owner’s negligence can lead to slip-and-fall accidents, swimming pool incidents, and dog bites.
- Defective Products: Toys, cribs, car seats, and other children’s products should be safe. If a product is poorly designed or manufactured, the manufacturer may be liable for resulting injuries.
Regardless of where the incident occurs, if another person, company, or institution acted carelessly or failed to meet safety standards, they may be held legally responsible.
Your Right to Seek Compensation on Behalf of Your Child
Because minors cannot file lawsuits independently, parents and legal guardians have the right and responsibility to pursue compensation on their behalf. A personal injury claim can help cover:
- Medical Expenses: Emergency treatment, hospital stays, surgeries, and ongoing doctor visits.
- Therapy and Rehabilitation: Physical therapy, occupational therapy, counseling, and other specialized care.
- Long-Term Care: Support for chronic injuries, disabilities, or conditions requiring lifelong assistance.
- Pain and Suffering: The emotional distress, trauma, and reduced quality of life your child experiences after the injury.
These damages aren’t just about covering current bills; they’re about securing the financial resources your child may need.
Understanding Missouri’s Time Limits for Child Injury Claims
In Missouri, the statute of limitations or deadline for filing a personal injury claim is typically five years from the date of the injury. However, minors have an important exception: the clock doesn’t start running until they turn 21. This means that if the injured person is a child, they may be able to file a lawsuit themselves once they reach adulthood.
But while that extended timeframe exists, waiting is rarely in a family’s best interest. The most substantial evidence, such as witness statements, accident reports, surveillance footage, and medical documentation, is easiest to collect immediately after the incident.
Acting quickly helps build a stronger case and increases the chances of reaching a fair settlement without going to trial.
How a Personal Injury Lawyer Can Help
After a child’s injury, parents are often overwhelmed, juggling medical appointments, emotional recovery, and daily responsibilities. Managing a legal case on top of that can feel impossible. That’s where partnering with an experienced legal team can change the outcome.
A skilled St. Louis child injury lawyer can:
- Investigate the cause of the injury and gather crucial evidence.
- Identify all liable parties, including individuals, companies, schools, or property owners.
- Calculate the full scope of compensation your family may be entitled to.
- Negotiate with insurance companies that often try to minimize payouts.
- Represent your child’s best interests in court if a settlement isn’t possible.
Having a legal advocate allows you to focus on your child’s healing while they handle the complex legal work needed to secure the compensation your family needs.
Take Action to Protect Your Child’s Future
The sooner you act, the stronger your case will be, and the faster your child can get the care, support, and justice they deserve. Your child’s future shouldn’t be left to chance.
With the right legal team by your side, you can focus on their healing while we fight to hold negligent parties accountable and pursue the full compensation your family needs to move forward.
Contact our experienced St. Louis personal injury lawyers to schedule a free, confidential consultation. We’ll help you understand your legal rights, explain your options, and guide you through every step of the process to pursue the best possible outcome for your family.