Pursuing a Child Injury Claim
In a personal injury case, the victim usually files a lawsuit against the negligent individual who allegedly caused the accident or injury. In court, the victim must be able to prove that the other individual acted negligently and that their negligence was a proximate cause for the injuries suffered by the victim.
If this is your case then you will need to prove the following two elements in order to prove that they acted negligently:
- They owed you a duty of care
- They violated this duty of care through an unreasonable accident or through deliberate intent, knowing full well the danger that they put you in
In court the negligent individual will also have the opportunity to show that you acted negligently as well. If they are able to prove this then it is called comparative negligence and can result in a denial of compensation for injuries.
How Does a Child’s Injury Case Differ from Adult Injury Claims?
In a child personal injury case, however, there are different rules that apply. A child under the age of six, in Florida, is presumed to be incapable of comparative negligence and therefore will not need to prove that they acted reasonably.
As the legal guardian or parent of the child, you will be able to bring a case on their behalf. You will also have a great advantage in this situation. You will not have to defend your child’s actions as they are presumed to be incapable of comparative negligence and cannot be held accountable for their actions.
Has Your Child Been Injured Due to Negligence in Tampa?
If you are pursuing an injury lawsuit for the injuries your child has suffered then you will be at a great advantage as you will not have to defend the reasonable acts of your child. Our Tampa personal injury lawyer at Boohoff Law, P.A. will be able to help you through this process with aggressive legal representation and skillful assistance. We understand that child injury cases can be extremely severe, and we know that the child must be provided for in order to obtain medical treatment for therapy and recovery.
Contact our Tampa injury firm today to discuss your child’s personal injury case and to learn more about how we can help you.