When a child is injured, the court appoints a friend or Guardian Ad Litem to speak for them. This insures justice is done for the child.
Injuries are fairly common when it comes to children. It’s just that the really severe injuries, the kind that mean a child’s life has been turned upside down, or has altered their future, need someone to speak on behalf of the child. The older a child gets, the higher the risk of accidental injury simply because they are more mobile and therefore exposed to more dangers: car crashes, motorcycle injuries, school accidents, defective toys or playground equipment, or poorly supervised and protected building sites or buildings.
The numbers of ways harm can come to your child is actually quite sobering. No one ever said that being a parent is an easy job. It comes with a built-in worry that something “bad” will happen to your child when you aren’t there to help. Or, that something bad happens when you are there, but there was nothing you could do to stop the hurt – such as a car accident.
Many people don’t realize that they have the right to file a personal injury claim as the result of injuries suffered by their kids. Once that has been done, a Guardian Ad Litem is selected by the court to investigate the case and make recommendations to the court. The lawyer basically acts in the best interests of the child and makes sure they get justice that they could not get for themselves.
In cases dealing with children, the courts consider the child as not being able to understand things the same way an adult does. They don’t realize the impact or danger of various situations. So, they are accorded the respect due to them as children and are allowed to remain kids while someone sticks up for their rights. Of note is the fact that personal injury cases that involve kids do have a time limit of three years, but the limitation period runs after the child has reached 18 years of age.
Another thing to be aware of is that the court must approve any compensation claims made in cases where children are the plaintiffs. What happens in instances like this is that the approval is given after all the evidence is closely examined. That would include medical documents and files, advice from lawyers and details relating to their financial loss. They will also meet the child before anything is finally approved.
The money is not usually given to the child. The net proceeds are often invested in a structured settlement, which will make guaranteed, tax-free payments to the recipient during early adulthood. Be sure your lawyer has many years of experience as plaintiff’s counsel and as Guardian Ad Litem in establishing structures for minors and incapacitated adults. There are some exceptions to this general rule of thumb in that if the court is convinced the child is in immediate financial need and the money will “only” benefit the child, it may be released.
Scott Atkinson was admitted to practice in New Mexico in 1989 and is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.
