Children are curious about the world around them. Unfortunately, they are not fully aware of the risks of some actions. Children are much harder to see than adults and cannot withstand the same forces. It can make them more vulnerable to accidental injury and death. If your child has been injured, this blog from our North Dakota personal injury lawyers discusses how parents can protect their child’s rights to a personal injury claim.
Common Causes of Child Injuries in North Dakota
A child can be hurt anywhere. The most common causes of child injuries include:
- Motor vehicle accidents, including pedestrian and bicycle accidents
- Recreational accidents, including playgrounds, swimming pools, trampoline parks, amusement parks, and sports activities
- Severe burns from chemicals, flames, and electronic devices
- Dog bites and animal attacks
- Slips, trips, and falls
- Accidents at daycares and schools
- Defective products, including toys, car seats, cribs, and furniture
- Birth injuries from medical malpractice during labor and delivery
- School bus accidents
- Suffocation, drowning, and poisoning
Injuries are the leading cause of childhood deaths. If your child sustained injuries in an accident, the party who caused their injury may be financially responsible for your child’s injuries and damages.
What Damages Can My Child Receive After an Accident or Personal Injury?
When a party negligently or intentionally causes a child injury, North Dakota tort laws hold that person liable for damages. Damages include the child’s pain and suffering. It also includes financial losses.
Examples of economic and non-economic damages in a child injury case include:
- Medical bills and expenses
- Future earning losses
- Out-of-pocket expenses
- Pain and suffering
- Rehabilitative therapy
- Impairments, scarring, disfigurement, and disability
- Loss of enjoyment of life and quality of life
- Emotional distress and mental anguish
Children suffer numerous types of injuries, including traumatic brain injury, broken bones, spinal cord injuries, and severe burns. Seek immediate medical treatment if your child is injured in an accident. Children may sustain injuries that could have long-term effects, including cognitive, physical, and emotional impairments.
Personal Injury Statute of Limitations for Minors in North Dakota
The deadline for filing many personal injury lawsuits in North Dakota is six years from the injury date. However, there are exceptions depending on the type of claim and other factors. For example, a wrongful death lawsuit usually has a two-year statute of limitations from the date of death.
North Dakota Century Code §28-01-25 tolls the personal injury statute of limitations for minors under 18 years old. Because a child cannot file a lawsuit until they are an adult, the law pauses the statute of limitations until they are adults.
However, parents and legal guardians can file a lawsuit on behalf of a minor. Waiting to seek legal counsel for your child’s accident can hurt their chance of winning a fair settlement. Evidence can disappear, and witnesses may be difficult to locate years after the injury. It is in your child’s best interest to contact a personal injury lawyer as soon as possible after an injury or accident.
Schedule a Free Consultation With a North Dakota Personal Injury Lawyer
Personal injury claims involving minors can be complicated cases. Our North Dakota personal injury attorneys at Pringle & Herigstad, P.C. can help parents seek justice for their children. Call us for a free consultation to discuss your child’s case with an attorney.
