Now that children are returning to school, Wisconsin may see an increase in pedestrian accidents involving children. Children who walk to and from school are particularly at risk for being involved in a pedestrian accident. Pedestrian accidents are all too common and are more likely to result in serious injury or death than an accident between two vehicles. If your child has been injured by a careless driver, both you and your child have legal options to pursue damages. It is always best to immediately contact an attorney who has experience representing injured pedestrians, as quickly gathering evidence is critical when you bring legal action against the driver.
When A Child Is Hurt, Who Can Take Legal Action?
Wisconsin law allows the parents of an injured child to bring a cause of action on behalf of their child. In many cases, an attorney can negotiate a settlement without ever needing to formally file a lawsuit. If a lawsuit does need to be filed, the parents or guardians of a minor child can do so on their behalf. Typically, the court orders a guardian ad litem to represent the child’s best interests during personal injury cases. If your child has been injured in a pedestrian accident, you should take legal action immediately to give your child the best chance of recovering damages from the driver.
Monetary damages that a child receives in a personal injury lawsuit are not automatically released to the child’s parents or guardians. A guardian controls the money, which may only be used for the child’s injury-related expenses until he or she reaches 18 years of age. You can request that funds be released to cover the child’s accident-related expenses, such as medical bills and counseling if your child is emotionally affected by the accident. Any money left over can be released to the injured child when he or she turns 18.
In the event that an adult does not choose to bring legal action on the injured child’s behalf, that child will have the option of doing so when they turn 18. Under Wisconsin’s statute of limitations, a minor who was injured in a pedestrian accident has three years from the date of the accident, or until their 20th birthday to file a lawsuit – whichever is later.
Contact A Wisconsin Pedestrian Accident Attorney
When a child is injured by a careless driver, it can put tremendous stress on the family, both financially and emotionally. The experienced Appleton pedestrian accident attorneys at Herrling Clark Law Firm, Ltd. are ready to begin helping you today. After any accident involving a motor vehicle, time is of the essence. Don’t hesitate to contact us so we can start the process of seeking to recover damages for you or your minor child. Call 920-739-7366 for a free, confidential consultation.
Sources:
https://docs.legis.wisconsin.gov/statutes/statutes/893/ii/16
https://docs.legis.wisconsin.gov/statutes/statutes/895/i/035
https://wisconsindot.gov/Pages/safety/education/pedestrian/injuries.aspx