How to Handle a Personal Injury Case Involving a Minor in Milwaukee

When a child suffers injuries due to someone else’s negligence, it can be an emotionally overwhelming experience for parents. Beyond the immediate concern for the child’s recovery, families must also navigate the complexities of a personal injury claim. In Milwaukee, personal injury cases involving minors require a nuanced understanding of Wisconsin law and the legal process to ensure the child receives fair compensation for their injuries.

This guide explains how to handle a personal injury case involving a minor, outlining the steps parents can take to protect their child’s rights and secure a just settlement.

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Understanding the Challenges of Personal Injury Cases Involving Minors

Why These Cases Are Different

Personal injury cases involving children are unique because minors cannot directly file lawsuits or negotiate settlements. Instead, a parent or legal guardian must represent the child’s interests. Additionally, Wisconsin law imposes specific protections and rules for handling cases involving minors to ensure the child’s rights are upheld.

Common Causes of Injuries to Minors

Children may be injured in various situations, including:

• Car accidents
• School-related injuries due to unsafe conditions or negligence
• Field trip incidents where supervision is inadequate
• Injuries caused by defective products or unsafe environments

If a child sustained harm due to another person’s negligence, parents can pursue a personal injury claim to recover damages.

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Steps to Handle a Minor’s Personal Injury Case

1. Seek Immediate Medical Attention

The health and safety of the child should always come first. Obtain prompt medical care, follow through with recommended treatments, and retain detailed medical records documenting the injuries and treatments.

2. Contact an Experienced Personal Injury Attorney

Working with an experienced personal injury attorney is essential in cases involving minors. These cases often involve complex legal and procedural issues, including Wisconsin statutes and potential court approval for settlements. Milwaukee personal injury attorneys understand the unique challenges of handling cases involving children and can help navigate the process.

3. Investigate the Incident and Identify Liable Parties

A thorough investigation is crucial to determine who is responsible for the child’s injury. Liable parties could include:

• Negligent drivers in car accidents
• Schools or daycare providers failing to provide a safe environment
• Manufacturers of defective products

Your attorney can help gather evidence, identify all responsible parties, and build a strong case.

4. Calculate Damages and Future Costs

When a child is injured, compensation must account for more than immediate medical bills. It should also consider future medical expenses, potential loss of earning capacity, and physical pain the child may endure.

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Compensation for a Child’s Injury

Wisconsin law allows parents to pursue financial compensation on behalf of their injured child. The types of damages that may be recovered include:

• Medical expenses, including ongoing care for serious injuries
• Compensation for the child’s physical pain and emotional trauma
• Future costs associated with the injury, such as rehabilitation
• Parents’ lost wages if they had to take time off work to care for their child

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Court Approval of Settlements

In most cases involving minors, settlements require court approval to ensure the compensation is in the child’s best interests. This ensures that:

• The child receives a fair and reasonable settlement.
• Funds intended for the child’s future needs are appropriately safeguarded.

An experienced personal injury lawyer can help present the settlement to the court and ensure compliance with Wisconsin statutes governing minor settlements.

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Why Legal Representation Matters

Personal injury claims involving children are often more complicated than cases involving adults. Parents should work with a law firm experienced in handling cases involving minors to ensure the best possible outcome. An experienced personal injury attorney can:

• Handle negotiations with the insurance company.
• Represent your family in court if necessary.
• Ensure that the settlement covers both immediate and long-term needs.

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Learn more about how to handle a personal injury case involving a minor in Milwaukee. Call the Law Offices of Gary S. Greenberg at (414) 271-7007 to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

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FAQ

What happens if the child’s injury was caused by multiple parties?

If multiple parties are responsible for the child’s injury, your attorney can file claims against all liable parties to ensure fair compensation.

How does the statute of limitations affect personal injury cases involving minors in Wisconsin?

The statute of limitations in Wisconsin is generally three years for personal injury claims. However, there are exceptions for minors, allowing additional time to file a claim. Consult a Milwaukee personal injury lawyer for details specific to your case.

Can parents receive compensation for their losses?

Yes, parents may recover compensation for medical expenses they paid for their child’s treatment and lost wages if they had to take time off work.

Do all settlements involving minors require court approval?

Yes, Wisconsin law requires court approval of settlements in cases involving minors to protect the child’s interests and ensure fair compensation.

Why is an experienced personal injury attorney necessary for a minor’s case?

A skilled attorney can handle the legal complexities of personal injury claims involving minors, negotiate with insurance companies, and ensure the child’s rights are protected throughout the process.