Personal Injury for Parents: A Guide for When a Child is Hurt

Updated on April 9, 2021

No one wants their child to get hurt, but if it does happen, it’s vital that you know what to do in that situation. Your child could face medical bills, lost future wages, and immense pain and suffering, and it’s important to get the care they need. They also need to receive the compensation to which they’re entitled, but getting it for them is a complex process that requires much work and won’t be done overnight. Knowing what to do if a child is injured can help you prepare to take the steps necessary to assist them toward a full recovery.

Who is Responsible For Injuring a Child?

A critical question to ask after a child is injured is who is the responsible party. This will determine in large part how the rest of the process will proceed. If an adult was responsible for injuring a child rather than another child, it may be easier to obtain compensation and establish blame. However, if a child injured another child, you may have to navigate through a complex process to determine who is ultimately responsible for the injury.

In both instances, it’s vital to contact a personal injury attorney early on who can guide you through the process of filing a claim. Visiting can provide you with a wealth of information and a ready resource to aid you.

When an Adult Injures a Child

If an adult injures a child, the process for obtaining compensation for them can be fairly straightforward. The parents will typically bring forth a lawsuit, or threaten to do so, against the responsible adult and potentially their employer if the incident occurred in a workplace setting. The child will be represented by their parents or another lawyer, who can pursue a wide range of damages. Even though children aren’t adults, they can generally claim the same types of damages as adults, including the following:

  • Pain and suffering
  • Disability
  • Emotional distress
  • Permanent injury
  • And more

In most cases, a parent will settle with the adult’s insurance company over damages. A judge will typically sign off on this once a parent submits a form. While this can seem at first glance to disadvantage the child, they may sue later on in life if they feel they didn’t receive the compensation to which they were entitled. This incentivizes all parties to suitably award the child with this first settlement.

When a Child Injures a Child

The process of obtaining compensation for your child if they are injured by another child can be somewhat more complex but follows the same basic set of steps. Generally speaking, children under seven aren’t held responsible for their actions if they injure another person, but those older can. In most instances, children above twelve are treated as adults in terms of responsibility for their actions, especially in instances where an older child harms a younger one. In these cases, adults who are legal guardians of children who are held responsible may have to pay financial compensation to the children that were harmed.

We all want to protect our children, but yours could still be injured despite your best efforts to protect them from harm. Should that occur, a personal injury lawyer specializing in child injuries can be a powerful ally on your side who can help you obtain the compensation that your child deserves. They can answer any questions that you may have about the process while guiding you through every step of the way. Together they can help you rectify the wrongs suffered by your child and move on with your lives.

About the Author

Maureen Lunde is a law school graduate and former practicing attorney. She is also a part-time freelance blogger laser-focused on difficult parenting topics, social media, and educating the public on fighting for their rights. You can find her insights on various legal blogs, parenting websites and works as a collaborative editor for Jacoby & Meyers lawyers.

Throughout the year, our writers feature fresh, in-depth, and relevant information for our audience of 40,000+ healthcare leaders and professionals. As a healthcare business publication, we cover and cherish our relationship with the entire health care industry including administrators, nurses, physicians, physical therapists, pharmacists, and more. We cover a broad spectrum from hospitals to medical offices to outpatient services to eye surgery centers to university settings. We focus on rehabilitation, nursing homes, home care, hospice as well as men’s health, women’s heath, and pediatrics.