Most children play together in harmony. However, this isn't always the case. For one reason or another, things can turn malicious and dangerous and a child can end up sustaining injuries at the hands of another child. For all parties involved, this situation can be stressful, but for the family of the injured, stress can skyrocket due to medical bills, other care related expenses and any other effects the injuries have had on their lives. Knowing what to do in this type of situation is critical.
Don't Immediately Assume Parental Liability
If your child was injured by another child, you undoubtedly understand that you can't just simply hand the child a medical bill and expect them to pay it. However, don't immediately assume that you can hand it to the parent. Parental liability is a legal concept that basically states the parent of a negligent child must assume the role of responsibility in the event the child's actions result in the injury of another.
However, the fact that the terms of parental liability can vary from state to state can sometimes make it an ineffective measure in these types of cases. For example, you might be unable to take this type of action against the parent of a child who is younger than 8 to 10 years old. Additionally, for a child that is older than the state's legal age of maturity, parental liability also cannot be enacted.
What Happens Next?
If you've found yourself in this situation and can't rely on parental liability to recoup compensation for your losses, all hope is not lost. This is especially the case if the incident occurred at their place of residence. You have a legal right to file a claim against the property owner's home insurance policy since the injury took place on their property. Most of these policies have clauses that protect against personal injury and can be your avenue for gaining the compensation your family needs and deserves.
Don't Go At it Alone
It's never a good idea to try to fight alone. While parental liability can't be enacted in every situation, the reality is that it does work in many cases. An attorney will be able to help you determine if this method is right for your case. Even if you have to file a claim against the property owner's insurance, don't overlook the fact that many of these companies have teams of attorneys ready to fight down your claim. Having an attorney on your side can be invaluable.
As a parent, protecting your child is your primary goal. With an injury attorney on your side, in this situation, you can ensure your child and your family is protected.