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October 28, 2020

Can I Bring a Personal Injury Claim on Behalf of a Child in Louisiana?

Children don’t have the same ability to protect themselves like adults do. Without proper supervision, they may unintentionally put themselves in danger. Unfortunately, you won’t always be around to prevent your child from getting injured. You may trust a person or organization to watch your child, only to find out the hard way that the supervising party was careless or outright negligent.

If your child gets injured and you know someone else is at fault, you can take legal action and obtain a settlement. At Smiley Law Firm, LLC, we know that children are the most vulnerable victims of all. A New Orleans personal injury lawyer from our team can be a voice for both you and your child. That way, you can seek justice and move forward.

Determining Tutorship

In Louisiana, the tutor is the adult who can legally take action on behalf of a child. As the parent of your child, you have tutorship by nature. If you and your spouse are divorced, tutorship is given to the parent who holds primary care over the child. If you share joint custody of your child, you’ll receive co-tutorship with equal legal rights.

A Petition to Establish Evidence

Once the tutor is determined for the child, a child’s personal injury case still requires a separate procedure. To receive a settlement, you must receive court approval. You can file a petition with evidence to support your settlement, but having an experienced attorney by your side through the legal process can be helpful. 

Contact a New Orleans Personal Injury Attorney

Handling your child’s legal case can be emotional for everyone involved. But if anyone deserves justice, your child does. If you’re ready to speak with a New Orleans personal injury lawyer from Smiley Law Firm, LLC, call 504-894-9653 or fill out the contact form below to schedule a free consultation. 

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