Part 1 of this article discussed possible liable parties for injuries sustained by children or young adolescents after PA or NJ sports accidents. Part 2 of the article will discuss other questions parents may have when considering whether to pursue sports accident injury lawsuits in PA or NJ on behalf of their children.
If the child is a minor (under the age of 18), the parent or legal guardian would have to file the lawsuit on their child's behalf. What that means is the parent or legal guardian is the named plaintiff (injured party) on behalf of their child in the personal injury lawsuit.
An important, related issue in child sports injury lawsuits is the statute of limitations. In PA and NJ, an individual who is injured in a sports accident has 2 years from the date of the sports accident to file suit. If parents are filing on behalf of their child, the 2 year deadline applies. The only time a lawsuit does not have to be filed within the 2 years of the accident is if the victim is a minor. The 2 year statute of limitations does not start until the minor turns 18.
Related FAQ: How much time do I have to sue?
There may be some disadvantages if a child files a lawsuit after turning 18. For example, if the sports accident and injury occurred when the child was 8 years old, waiting to file the lawsuit when the child is 18 or 19 could compromise the case. Witnesses may not be available anymore, medical records may also be difficult to locate because so much time has passed, etc.
A situation where the parents may wait for the child to turn 18 to file a lawsuit is if the child gets injured when he is 17. Therefore, waiting until the minor turns 18 will not adversely affect the sports injury lawsuit in terms of proving a viable case.
In PA or NJ injury lawsuits for sports injuries, children/athletes may recover the following damages:
A pain and suffering damages claim is different for everyone. A child who suffers a traumatic brain injury resulting in permanent disability has a more significant pain and suffering claim than a child who fractures his arm during a sports accident.
It is important to talk to an experienced PA or NJ sports injury lawyer to discuss your child's sports accident and explore their legal rights. Daniel J. O'Brien, Esq., a life-long athlete, will take the time to discuss all of your child's legal options. FREE consultations. 877.944.8396