Seeing their child injured in a preventable accident is one of the most challenging experiences a parent can be faced with. Accidents happen, but when someone else’s negligence causes your child to be harmed, that person should be held liable for their actions.
Our priority at D’Amico & Pettinicchi, LLC, is to ensure our clients understand their options and feel supported throughout the process. In child injury cases, that means helping parents cope with a situation that is not their fault but that they often feel responsible for. All good parents want to protect their children, and filing an injury claim may be the best way to do that after an accident.
Of the many ways that children can be injured, there are a few types of accidents that most commonly lead to injury claims based on a third party’s negligence. These include:
When someone’s negligent or reckless actions lead to your child being harmed, our child injury attorneys are here to help. Building a child injury case requires a different approach than cases involving injured adults. Connecticut laws are different for minors than they are for adults. Additionally, younger children are often limited in their communication skills and cannot understand the full extent of the issues, which requires a unique strategy to ensure the extent of the child’s injuries is conveyed appropriately.
Not only is the approach to a child injury case unique, but the way damages and compensation are handled is also different than in cases where an adult was injured. Parents may be entitled to recover financial damages for expenses they’re responsible for paying, like medical bills. However, any settlement in excess of $10,000 must be approved by the Probate Court for the town where you reside. This is to ensure that the settlement is deemed fair and to protect the funds until your child turns 18. These funds cannot be accessed without prior approval of the Probate judge. Once your child is eighteen the funds are released from Probate Court control after an inventory and final accounting is approved by the Probate judge.
There are times when protecting the funds beyond the age of 18 is appropriate. In these instances, a structured settlement can be negotiated or a trust established.
It is important to remember that, unlike some states, Connecticut does not toll the deadline for bringing a lawsuit until after your child turns 18; thus, it is imperative to speak with us as soon as possible after an injury. There are some exceptions to this such as sexual abuse claims but generally the limitation period is two years.
If you have questions about how your child’s injury case should be handled, contact the attorneys at D’Amico & Pettinicchi, LLC. We have extensive experience representing injured children and their parents in Connecticut accident claims.
Our legal team understands the difficult position that parents are in when filing an accident claim for their children’s injuries. We try our best to minimize the stress that families experience during this time. Contact us to schedule a free consultation to discuss your situation with one of our Waterbury attorneys.
