More About Injuries to Children
If it can be proven that the child was visible to the motorist for more than a second or two, the chances for success in this litigation are greatly improved. The adult motorist is presumed to have the capacity to take steps to protect the safety of the child and must take them promptly in order to avoid responsibility on this claim. Children are often presumed incapable of negligence due to their tender years. The younger the child is, the stronger this presumption generally becomes.
A 12-year-old has a much weaker presumption of non-negligence than does a 6-year-old. Thus, if a 6-year-old is struck by a car, this child will almost certainly receive compensation for injuries suffered in the accident. Yet, even the 12-year-old is not held to the same standard of care as the adult driver. That is one reason why these cases are so easy to win when handled properly.
Similar rules apply to other accidents involving children, such as injuries on a dangerous piece of property or in a playground. The sooner you take pictures of the scene and get information from witnesses about the situation at the time of the accident, the better.
Juries, judges, and arbitration panels have special sympathy for children. They are much more likely to return large awards for children than they are for adults. Many feel that greed is the primary motivation when adults sue for personal injuries. This factor is far less prominent in the minds of jurors, judges, and arbitrators when it is a child who is injured.
In automobile cases, the medical bills resulting from the child’s injuries are paid by the parents’ automobile insurer. If there is no insurance in the household, the insurance for the driver has to pay these bills.