How Michigan’s Personal Injury Laws Handle Injury Claims for Minors

In Michigan, personal injury laws are designed to protect the rights of all individuals, including minors. When a minor is injured, whether through an accident, medical malpractice, or another form of negligence, the legal framework surrounding their injury claims is unique and requires careful consideration.

First and foremost, it’s important to note that in Michigan, a minor is considered anyone under the age of 18. Because minors lack the legal capacity to file lawsuits on their own, an adult, typically a parent or guardian, must represent them in an injury claim. This process involves filing a lawsuit on behalf of the minor to seek compensation for medical expenses, pain and suffering, and other damages resulting from the injury.

Michigan’s laws also address the statute of limitations—a critical timeframe that dictates how long an injured party has to file a claim. For minors, the statute of limitations is suspended until they reach the age of majority (18 years old). This means that if a minor is injured at age 15, they can wait until they turn 18 to file their lawsuit, effectively providing them with additional time when compared to adult claimants.

Another significant aspect of personal injury claims for minors in Michigan is the concept of “structured settlements.” These are often recommended in cases involving minors, as they allow compensation to be distributed in a way that ensures the minor’s financial security as they grow older. Settlement funds may be held in trust accounts until the minor reaches adulthood, which can help manage the funds appropriately and protect them from misuse.

Additionally, when evaluating damages in a personal injury case involving a minor, courts take into account various factors that may uniquely affect children. These factors can include future medical treatment needs, educational impacts, and changes in lifestyle due to the injury. Properly documenting and presenting these elements in a claim can help secure a more favorable outcome for the minor.

It is also imperative for claimants to gather all necessary evidence, including medical records, witness statements, and incident reports, to build a strong case. Engaging a personal injury attorney with specific experience in representing minors is crucial, as they can navigate the complexities of the law and advocate effectively on behalf of the injured child.

In conclusion, Michigan’s personal injury laws take special considerations when dealing with injury claims for minors. Through the unique legal mechanisms in place, parents and guardians play an essential role in ensuring that injured minors receive the compensation they deserve. Understanding these regulations is critical for effectively advocating for a child’s rights after an injury.