When your child gets hurt because of someone else’s mistake, you want to make sure they get the help they need. As a parent in Montgomery, Alabama, understanding how child injury claims work can help protect your child’s future. The experienced attorneys at Strickland & Kendall have been helping families in Montgomery since 1994, and we’re here to explain what you need to know in simple terms.
Why Child Injury Claims Are Different
Child injury claims work differently than adult claims in Alabama. Here’s what makes them unique:
Your Child Can’t File Their Own Claim
In Alabama, anyone under 19 is considered a minor. This means your child cannot file a lawsuit or sign legal papers on their own. As a parent or legal guardian, you must handle the claim for them.
Who Can File a Claim for Your Child?
- If parents are married: Either parent can file the claim
- If parents are not married: Only the parent with legal custody can file
- If someone else has custody: The legal guardian can file the claim
Special Time Limits Apply
While most injury claims in Alabama must be filed within two years, children get extra protection. The two-year clock doesn’t start until your child turns 19. This means you can file a claim until your child’s 21st birthday, but never more than 20 years after the injury happened.
However, don’t wait! Medical bills must still be claimed within two years, and waiting makes it harder to prove your case as witnesses forget details and evidence can disappear.
Common Ways Children Get Hurt in Montgomery
Montgomery families face various risks that can lead to child injuries. Understanding these dangers helps you stay alert and know when you might have a claim:
Playground and School Injuries
- Falls from equipment like monkey bars and slides
- Injuries from broken or poorly maintained equipment
- Accidents due to lack of proper supervision
- Injuries from other children when adults aren’t watching carefully
Car Accidents
Montgomery’s busy roads, including I-65, I-85, and Highway 231, see many accidents each year. Children can be seriously hurt as passengers, pedestrians, or bicycle riders.
Daycare Injuries
- Slip and fall accidents on wet or uneven surfaces
- Burns, cuts, or choking incidents
- Injuries from fights between children
- Accidents from inadequate supervision
Dog Bites and Animal Attacks
Children are often targets for dog bites because of their small size and quick movements. Dog owners are responsible for keeping their pets under control.
What to Do If Your Child Is Hurt
If your child is injured, taking the right steps quickly can make a big difference in your claim:
- Get Medical Help Right Away Your child’s health comes first. Even if injuries seem minor, see a doctor. Some injuries, especially head injuries, might not show symptoms immediately.
- Document Everything
- Take photos of injuries, the accident scene, and any dangerous conditions
- Get names and phone numbers of witnesses
- Keep all medical records and bills
- Write down what happened while it’s fresh in your memory
- Report the Incident
- For school injuries: Notify the principal and get a copy of any accident report
- For daycare injuries: Tell the director and document your conversation
- For car accidents: Call police and get the accident report
- For playground injuries at parks: Report to the city or county
- Don’t Sign Anything Without Legal Advice Insurance companies might offer quick settlements. Don’t accept or sign anything before talking to a lawyer. Remember, you cannot settle your child’s claim over $5,000 without court approval.
Understanding Alabama’s Strict Liability Rules
Alabama follows a “contributory negligence” rule, which is very strict. If the injured person is even 1% at fault, they cannot recover any money. However, Alabama protects young children:
- Children under 7: Cannot be found at fault for their injuries
- Children 7-14: Can only be found at fault if it’s proven they understood the danger
- Teens 14-19: Held to higher standards, especially when driving
This is why having an experienced attorney like those at Strickland & Kendall is crucial. We know how to protect your child’s rights under these strict rules.
How Courts Protect Your Child’s Settlement
Alabama courts take special steps to make sure any settlement money truly benefits your injured child:
Court Approval Required
For settlements over $5,000, a judge must approve the agreement at a “pro ami” hearing. The judge will:
- Review the settlement amount to ensure it’s fair
- Appoint a guardian ad litem (a neutral attorney) to represent your child’s interests
- Make sure the money is protected for your child’s future
Protecting the Money
The court typically places settlement funds in a protected account that:
- Earns interest until your child turns 19
- Cannot be accessed by parents except for approved medical expenses
- Ensures the money is there when your child becomes an adult
Who Might Be Responsible for Your Child’s Injury?
Depending on how your child was hurt, different parties might be liable:
- Property owners: Schools, daycares, stores, and parks must keep their premises safe
- Drivers: Those who cause car accidents through negligence
- Product manufacturers: Companies that make dangerous or defective toys and equipment
- Other parents: When their child hurts yours due to lack of supervision
- Dog owners: For failing to control their pets
Why You Need an Attorney
Child injury cases are more complex than adult claims. Here’s why legal help matters:
- Special Rules Apply: Government entities like public schools have different claim procedures and shorter deadlines
- Evidence Preservation: Attorneys know how to gather and protect crucial evidence
- Fair Compensation: Insurance companies often offer less than your child deserves
- Court Requirements: Navigating the pro ami process requires legal expertise
- Future Needs: Attorneys help calculate long-term costs for serious injuries
About Strickland & Kendall
Since 1994, Strickland & Kendall has been Montgomery’s trusted personal injury law firm. Our attorneys, Michael Strickland and Ed Kendall, have:
- Recovered over $1 billion for injured clients
- Practiced in over 40 states
- Provided 24/7 support to families in crisis
- Handled complex cases involving children’s injuries
We understand that when your child is hurt, you need more than just legal advice. You need compassionate attorneys who will fight for your family’s future. We work on a contingency basis, meaning you don’t pay unless we win your case.
Take Action to Protect Your Child
If your child has been injured in Montgomery due to someone else’s negligence, don’t wait to get help. The sooner you act, the stronger your case will be.
Contact Strickland & Kendall today for a free consultation:
- Call: 334-269-3230
- Toll-Free: 800-874-3528
- Available 24/7 for emergencies
We’ll come to you if you can’t come to us. Let our experienced team handle the legal complexities while you focus on helping your child heal.
Remember, Alabama law gives your child special protections, but only if you take action. Don’t let insurance companies or negligent parties take advantage of your family. Stand up for your child’s rights with the help of attorneys who have been protecting Montgomery families for nearly 30 years.
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with an attorney about your specific situation.