What Makes Injury Claims Involving Children More Challenging?

Few things are more heartbreaking than seeing your child in pain, especially when it’s because of someone else’s negligence. As a parent, you’re balancing the emotional challenge of supporting your child’s recovery while also working through the complex legal process to seek justice. It’s a lot to carry.

At Saavedra Law Firm, we’ve worked with many parents over the years to seek compensation for their injured children. Through our experience, we’ve learned that these cases involve unique complexities that adult injury claims don’t face. Here’s what makes these cases more challenging, so you can understand what you’re up against and plan accordingly.

Children Are More Vulnerable to Lasting Harm

Injuries can impact a child’s physical development, emotional well-being, and future opportunities in ways that adults simply don’t experience. Unlike adults, the long-term effects of an injury may not be immediately clear, which complicates how damages are calculated.

For example, a broken bone in a child could affect growth plates, requiring ongoing medical care for years. What seems like a straightforward injury today might lead to complications that won’t surface until your child reaches adolescence or adulthood.

Courts must also consider educational setbacks and future earning potential lost due to the injury. These calculations require expert testimony and careful analysis of how the injury might impact your child’s entire life trajectory.

Legal Standards of Care Are Higher for Children

Schools, daycare centers, property owners, and drivers often owe children a heightened duty of care compared to adults. Proving negligence may involve different standards, particularly in cases involving swimming pool accidents or playground safety violations.

These higher standards can work in your favor, but they also require attorneys who understand the specific legal obligations that apply when children are involved.

Emotional Trauma and Psychological Impact

Children may be more vulnerable to conditions like anxiety or PTSD after an injury that are hard to measure, especially if the child cannot communicate their feelings well. These psychological impacts often require expert testimony to demonstrate in court, adding another layer of complexity compared to cases involving only physical injuries.

The ripple effects on your child’s development and family dynamics must be carefully documented and presented as part of the claim.

Settlement Approval Requirements

Arizona law requires courts to approve settlements involving minors to confirm they serve the child’s best interests. This process may involve establishing a conservatorship or restricted account for settlement funds, which slows down the resolution compared to adult claims.

While these protections benefit your child, they add time and procedural steps to an already stressful process.

Statute of Limitations and Special Rules for Minors

In Arizona, the statute of limitations is often “tolled” or paused for minors until they turn 18. While this gives more time to file a claim, waiting too long can risk losing evidence or witnesses that strengthen your case.

Parents need guidance on when to act immediately versus when to preserve their child’s right to file a lawsuit later.

Proving the Impact on Your Family

Beyond your child’s injuries, parents often face financial strain due to missed work, medical costs, and emotional distress. While the claim centers on your child, the broader impact on your family must also be documented and presented as part of the case.

This requires gathering evidence of how the injury has affected every aspect of your family’s life, from daily routines to long-term financial planning.

Insurance Company Tactics

Insurance companies are notoriously difficult when it comes to handling injury claims, but they can be even more aggressive in cases involving children. They often downplay injuries as temporary or argue that children are naturally resilient, all while pushing for low settlements. They take advantage of the stress parents are under, hoping for a quick resolution. That’s why strong legal advocacy is essential.

Protect Your Child’s Rights and Future

While injury claims involving children are challenging, they are far from impossible with the right legal support. The complexities we’ve outlined require attorneys who understand both the legal intricacies and the emotional weight these cases carry.

Parents shouldn’t have to choose between caring for their child and seeking justice. At Saavedra Law Firm, we’re here to help you fight for your child’s rights while you focus on their recovery and well-being. Let us handle the legal battle so you can focus on what matters most. Reach out today to get started.