Injured - The FindLaw Accident, Injury and Tort Law Blog

When to Sue a Kindergarten for Your Child's Injury

Depending on how a child is injured, a parent may want to explore the legal remedies their child has for their injury. While children are generally resilient and can bounce back from most injuries, there may be times when that is not the case. Regardless, a child, like an adult, has the right to live life free of being injured due to the negligence of others, and when they are injured as a result of negligence, they possess a legal claim for damages.

If your child was injured at school, daycare, or kindergarten, your child may have a legal claim depending on how the injury occurred.

When You Might Have a Legal Claim

You might be able to bring a legal claim for your child’s injuries in any number of instances when one party is negligent. Here are a few situations to consider:

A Child’s Statute of Limitations

Children, minors, generally, are afforded their childhood to accrue legal claims. Until a child is 18 years old and no longer a legal minor, the statute of limitations for civil claims does not begin to run. So, for instance, in a state with a two year statute of limitations on injury claims, a child that is injured will have until the age of 20 to sue for their injury, even if it happened when they were 6 years old. However, statutes of limitations do vary by state and not all states extend the statute of limitations for minor claims in the same way. For instance, there could be complications, particularly if a government claim is involved, which is likely the case if your child is at a public school.

Deciding when to file suit, or start a legal claim, on behalf of your child is a different question that requires analysis of your child’s particular legal case. Definitely do not let any statute of limitations expire. The good news is that most personal injury attorneys will offer free initial consultations.

Seeking Legal Help

Getting legal advice early on after the injury is always advisable. Even if you’re not going to file on behalf of your child, your child may want to file when they turn 18. A local, experienced personal injury attorney can advise you regarding whether you have a good case, how long you have to bring the claim on your child’s behalf, when is the best time to bring the case, what documentation you should save for future use, and what some of the likely outcomes could be.

Related Resources: