What are My Rights if My Child was Hurt in an Accident in Alaska?

 

Children of all ages are prone to getting hurt through play and daily activities, but you might be surprised to learn the frequency of injury-causing accidents. The US Centers for Disease Control and Prevention reports that more than 1.8 million children under 14 years old visit the emergency room for unintentional injuries every year, many of which are the result of someone else’s negligence. Parents never want to see their children hurting, but there are additional losses that can affect the entire household.

Fortunately, you do have options to recover compensation if your child was injured through another person’s careless acts. These cases can be complicated because of age considerations, but you can trust an Alaska child accident and injury attorney to handle the process. An overview may also be helpful.

 

Common Causes of Child Injuries 

Many of the same factors that lead to injuries in adults are also involved when children are hurt, especially motor vehicle collisions, pedestrian and bicycle accidents, and slip and falls. However, children are more likely to engage in activities that define their youthful exuberance. Some causes of accidents that affect younger people disproportionately include:

  • Injuries and incidents at playgrounds and parks;
  • Getting hurt through playing recreational and school sports;
  • Injuries and drownings at swimming pools, water slides, and other water recreational facilities; and,
  • Accidental poisoning, particularly among younger children who cannot read warnings.

 

Seeking Compensation for Injuries to Your Child

Because individuals under 18 years old do not have the legal capacity to act, parents are allowed to pursue the claims on behalf their children. The process typically starts by filing a claim with an auto, home, business, or property insurance company. In some cases, you may be able to settle out of court, but you will need to initiate litigation if you cannot reach an agreement.

 

Comparative Negligence in Child Personal Injury Cases

You may be familiar with the rule in Alaska that operates to reduce compensation when the victim is at fault in causing his or her own injuries. Comparative negligence applies differently in accidents that result in injuries to a child, but there can still be consequences. The rule works as follows:

  • A child under 7 years old enjoys a rebuttable presumption of being incapable of comparative negligence.
  • The opposing side has an opportunity to prove this presumption wrong.
  • The child’s age, judgment, knowledge, experience, and development are factors in determining whether he or she is capable of negligence.

 

Reach Out to Our Alaska Child Injury Lawyers Today 

Any personal injury matter can be challenging, but there are additional levels of complexity when the victim is a child. You put your child’s right to fair compensation at risk by attempting to represent your child on your own, so allow our team at Power & Power Law to handle the legal issues. For more information on how our team can assist with your claim,please contact our office in Anchorage, AK. We can advise you on the process and next steps after reviewing your unique circumstances.