Saturday 18 August 2012

The Innocence of a Child

The Child as Victims

Each year we hear plenty of cases where children are the victims of crimes. The child is often injured due to the negligence of other individuals. These are cases where the injury is an effect of defective or unsafe toys, playground ride malfunctioning, birth defect attributable to doctors negligence, being abused and molested by older individuals. Because of the child’s innocence they are often the easy target of many offenders. It is painful to see children maltreated that way, how much more if the child is your own. Her suffering is yours too as a parent. Much as we try to protect our children from this scenario, there are just too many irresponsible individuals and life is so risky at present.

Putting the Lawsuit

If your child is the victim of a personal injury act, it is highly important to seek assistance from Tampa personal injury lawyer. The damage as an effect should be justly compensated for the suffering the child had to endure. When an individual or company is careless or irresponsible in their actions and a child is harmed, the damage must be made up and the mistake paid for by the responsible party.
In the law of the state of Virginia, children are given the priority such that there are laws that were formulated to address children’s welfare. This is due to the fact that children cannot truly understand the risk they may be facing as well as look out for their personal interest. The law therefore has supplied protection for these children, something that is not afforded to mature individuals.

What to Expect on a Child’s Personal Injury Case.

To better understand what a child personal injury case is expected here are some important aspects we can discuss:

  • There is an extended limit on the filing of a child’s suit. Adults are just given a two year allowance while for a child it could go up to his 20th birthday.
  • A child cannot do the filing of a lawsuit for personal injury; this is applicable to children below 18 years old. He can file a suit through a “next friend” which could either be his parents or if the parent is unavailable, a legal guardian or an adult can take the role as a “next friend”
  • The claim for payment of medical bills attributable to the injuries belongs to the parents. It is in the context that the parents will be paying for the medical expenses of a child.
  • A child can file a law suit for the lost in wages accounted to the injury.
  • Children’s settlement of the claim needs court approval; upon approval the child can only receive the claim after he/she turns 18.
  • In case of wrongful death of the injured child, the case belongs to the estate of the victim.
Conclusion

The child is the innocent victim in this case. While the law has extended special favors for the child still it is the responsibility of the parents to care of this child. The children are the future of our society, it is just right to give them the right protection and care. It should be one that is of the utmost priority. Let us therefore save their future and their well-being and make this our top priority

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