Representing the Child’s Interests in a Personal Injury Matter
When an adult is injured in an accident of some sort, he or she may bring a personal injury lawsuit on their own behalf. They can also settle with the other party at their discretion. However, if a child is injured in an accident, it is the responsibility of the child’s parent or guardian to advocate for the rights for the child. A child does not have this legal right prior to his or her 18th birthday. It is the parent or guardian’s responsibility to act in the child’s best interest and make sure the child’s rights are protected.
Appointing a Guardian Ad Litem
Since children are unable, or lack the capacity, to protect their rights and their interests in any legal proceedings, a parent or guardian must step in and assume this responsibility. Some states may require that there be a Guardian Ad Litem appointed to ensure the child’s interest are adequately represented. A Guardian Ad Litem is usually a parent or guardian, or close relative of the child.
Do the Same Statute of Limitations Apply for Adults and Minors Alike?
The Statute of limitations to file a personal injury lawsuit may vary from state to state. The statute of limitations may also vary depending if the injured party was an adult or a minor. The New York Civil Practice Law and Rules would indicate the proper statute of limitations. A qualified New York personal injury attorney would be best to advise you of the appropriate statute of limitations.
If you have been injured in any type of accident, you may need the help of an experienced personal injury attorney. Our attorneys have over a combined century of experience dealing with personal injury matters. Call the Law Office of Richard Kenny to get your free consultation today.
