Philadelphia Child Injury Attorneys
Philadelphia Child Injury Attorneys responsibility to the minor.
The legal framework for bringing a claim on behalf of a child.
Philadelphia Child Injury Attorneys must follow additional procedures, as required by Pennsylvania law, set in place to protect a minor child in a child injury claim. These requirements are to ensure that the minor child's claim is properly handled by the child injury attorneys and the child's parents. A minor is entitled to the same damages as an adult, and any minor child 17 years of age or under can bring a claim for personal injury. However, the claim must be brought through a parent and/or guardian.
Philadelphia Child Injury attorneys are required by law to use a fee agreement that a parent or guardian must sign. Depending upon the complexity of the case, attorneys representing minors usually agree to represent the minor at a reduced fee. When the minors case is settled with an insurance company, Pennsylvania law requires that Child Injury Attorneys file with the court, a petition for a minors compromise which requires the attorney to notify the court of the amount of the settlement, the attorneys fees, and costs related to the underlying litigation. The court will consider the petition and make any adjustments as necessary to the petition, before it approves the minors compromise. The purpose behind the requirement to file the petition is to protect the child’s interest and to make sure that the attorneys fee is reasonable in light of the work undertaken to obtain the result, and to further make sure that the money available to the minor is deposited into a bank account that cannot be accessed by an adult and cannot be accessed by the minor, until the minor turns 18. Unfortunately, there have been many instances of a parent or guardian taking a minor child's money and spending it on themselves, which is why Pennsylvania requires the filing of the petition. There are circumstances where money can be used from the settlement fund for the medical needs of the minor. Typically, this use of the funds would be approved by the court as part of the minor’s compromise petition.
Accordingly, if you are a parent pursuing a claim on behalf of your minor child, be aware that if a law firm presents you with a 40% contingency fee, it will most likely be reduced by the court, depending on the complexity of the case. For example, a court may not be inclined to reduce the fee in a medical malpractice case as much as in a car accident case, due to the varied complexity of pursuing such claims.
Liability Waivers for Children
Liability waivers are common at businesses operating injury prone activities, such as rock-climbing facilities, trampoline parks, ski slopes, roller-skating and ice-skating rinks. Liability waivers can be enforceable for adults, who waive liability for their own injury. However, waivers are not enforceable for minors under Pennsylvania law.
Waivers Signed by Parents or Guardians
Waivers, in general, must be strictly construed to be enforceable. However, regardless of how well they are written, the waiver of liability form will not preclude a claim by a minor whose parent or guardian signed the waiver on behalf of the minor child.
Waiver signed by parents or guardians on behalf of a minor child are only enforceable to the adult claim. Therefore, if a parent signs a liability waiver for their child, and the child should sustain an injury for which the parent or guardian incurs medical expenses, the parent or guardian may not recover for the medical expenses they incur for the injury sustained by the minor child.
However, a waiver signed by parents or guardians on behalf of a minor child is not enforceable to the minor’s injury claim, should the minor be injured due to a negligence claim against the facility. Under Pennsylvania law, parents cannot sign away a minors’ right to recover for injury sustained due to someone’s negligence. It is the minors right to file a lawsuit, and under Pennsylvania law, no one can sign that right away.
Waivers Signed by a Minor Child
Children under 18 years of age are legally considered minors, and as such, are not permitted to enter into a contract. Therefore, a liability waiver signed by a minor, waiving claims against his or her injury, are unenforceable according to Pennsylvania law.
Statute of Limitations for a Minor Child
In Pennsylvania, a minor child’s claim must be brought within 2 years of the child's 18th birthday, unless there is a death of the minor. In that case, the claim on behalf of the minor child's estate must be brought within 2 years of the date of death.
WE MAKE A RECOVERY FOR YOU OR IT'S FREE.
Fox Law welcomes the opportunity to represent your child. As a family owned and operated personal injury law firm, with children and grandchildren of our own, we are sensitive to the needs of your child and will handle your child injury claim with the care and sensitivity that it deserves. No case is too big or too small for an evaluation.
Call us today for a free consultation. During your consultation, your case will be discussed and the facts will be reviewed. If Fox Law accepts your case, it will be handled on a contingency fee, which means you pay nothing out-of-pocket. We carry all of the costs and assume all of the risks when we accept your personal injury claim.
Fox Law welcomes you to contact us.
Office Locations: Center City Philadelphia, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Montgomery County, Allentown, Lehigh Valley, and Reading Pennsylvania.
We are available to meet with you by appointment at one of our consultation offices. We also make house calls when necessary.
Our Philadelphia office is conveniently located at Two Logan Square in Center City Philadelphia. We are available at this office by appointment.
Accessible by walking, bus, train or driving. A parking garage is attached to the building.
Prefer to meet us near Northeast Philadelphia?
We offer free consultations near Northeast Philadelphia by appointment at our conveniently located consultation office in Jenkintown located at 610 Old York Road, Jenkintown, Pennsylvania.
Located in the heart of Jenkintown, adjacent to the SEPTA Noble Train Station and SEPTA bus commuter service stop in front of the building.