Each year, countless children suffer injuries throughout Southwest Oklahoma. While some of these injuries are relatively minor, others could have fatal or life-altering consequences.
If your child recently sustained bodily harm due to the negligence of another person, they might be entitled to monetary compensation with the help of a compassionate personal injury attorney. The law that applies to these cases is different for children as compared to adults. That is why it could benefit you to seek counsel from an Altus child injury lawyer before moving forward with your case.
Common Types of Child Injury Accidents
Any circumstance where negligence results in an injury to a child could lead to a claim for damages. With that said, there are certain circumstances that are more likely than others to lead to childhood injuries. In each of these cases, a child injury attorney in Altus could pursue legal action against the negligent party. Some examples include:
Not every injury to a child will lead to a viable claim for compensation, however. To serve as the basis for a civil lawsuit, these injuries must occur as the result of negligence.
Attractive Nuisance Doctrine
One of the ways that claims can differ when it comes to children involves trespassing. Normally, trespassers have few rights to pursue a personal injury lawsuit if they are injured on another person’s property. That is not the case for minor children, due to something known as the attractive nuisance doctrine.
According to the attractive nuisance doctrine, a property owner could be liable for the injuries suffered by a minor child in some situations, even when the child was trespassing. This legal standard applies to dangerous hazards that are likely to catch the attention of a child, including:
- Abandoned appliances
- Swimming pools
- Old vehicles
- Construction equipment
- Oil pump jacks
When a property owner or occupier has an attractive nuisance on their premises, they have an obligation to prevent children from coming onto the property and getting injured. This often involves fencing off the hazard or some other precaution that would prevent a child from wandering into a dangerous area. Because of the mental capacity of young children, it is assumed that a child cannot appreciate the risks that come with these hazards. If a property owner fails to address an attractive nuisance on their property, one of our child injury lawyers in Altus could hold them accountable.
Deadline to File a Child Injury Lawsuit
Another way that a lawsuit can have different rules for children is in regards to the statute of limitations, which serves as the deadline for filing a claim after sustaining injuries.
In most cases involving bodily injury, you have two years from the date of your accident to file the lawsuit. However, this deadline is extended for children who are injured. When it comes to minors, they have up until their 19th birthday to pursue their lawsuit. This gives them one year of adulthood in which to file a lawsuit without the aid of a parent or legal guardian.
Call an Altus Child Injury Attorney Today for Guidance
If your child was hurt due to another party’s negligence or a dangerous hazard on someone else’s property, you have the right to file for compensation due to the losses suffered. No amount of money can undo your child’s injury but fair compensation could help them during the recovery process. Let an Altus child injury lawyer help you hold the negligent party accountable for the harm that they caused. Call today to get started with a free consultation.