Wilkes-Barre Child Injury Lawyers

In Pennsylvania, the statute of limitations for personal injury claims is typically two years. However, for minors, this timeframe is extended. The two-year clock doesn't start ticking until the child turns 18, meaning a claim can generally be filed until their 20th birthday. This allows time to understand the full extent of injuries that may affect long-term development. Despite this extension, consult a lawyer as soon as possible to preserve evidence and protect your child's rights; the parents' own claim for medical bills is still subject to the two-year limit.

In Pennsylvania, a parent or legal guardian typically files a lawsuit as the child's "next friend" or legal representative. In some cases, especially those involving complex issues or substantial settlements, the court may appoint a guardian ad litem to ensure the child's interests are fully protected throughout the legal process.

Pennsylvania courts meticulously review all settlements for minors to ensure they are fair and serve the child's best interests. Settlement funds can be structured in various ways, such as court-approved trusts, structured settlements providing periodic payments (often for future medical needs or education), or special needs trusts for children with long-term disabilities. A portion might cover immediate expenses, with the rest preserved for the child's future. We handle the petition and the approval hearing in the Luzerne, Lackawanna or Dauphin County court.

Pennsylvania follows a modified comparative negligence rule, meaning compensation may be reduced by the percentage of fault attributed to the injured party. However, courts often apply different standards when evaluating a child's behavior, recognizing that children have different cognitive abilities and understanding of risks based on their age. Children under 7 are generally presumed incapable of negligence in Pennsylvania, and those between 7-14 are presumed to have limited capacity for negligence.

The timeline for a child injury claim varies significantly depending on the complexity of the case, the severity of injuries, and whether the case settles or goes to trial. Some straightforward cases may settle within 6-12 months, while more complex cases involving serious injuries might take 2-3 years or longer. Because children's injuries may have long-term developmental implications, thorough medical evaluation and sometimes monitoring over time are necessary to fully understand the impact of the injuries before finalizing a settlement.

Sometimes, but the rules are stricter. A public school district is a local government agency, so the claim runs through Pennsylvania's Tort Claims Act: written notice within six months (42 Pa. C.S. § 5522), liability limited to specific categories of negligence, and damages capped at $500,000 per occurrence for local agencies. Claims against private schools, daycares and camps follow ordinary negligence rules. Because that six-month notice deadline is so much shorter than the statute of limitations, this is one child injury case where waiting truly can cost the claim.

Less than you might think. Pennsylvania recognizes the attractive nuisance doctrine: a property owner who keeps something on the land that is both dangerous and enticing to children — a swimming pool, construction equipment, machinery, an abandoned structure — can be liable to a child who wanders in, even a trespassing child, if the owner failed to take reasonable steps to secure it. The doctrine exists precisely because young children cannot appreciate the danger. We investigate what the owner knew and what securing the hazard would have cost.

Both, in separate parts. The child owns the claim for their own injuries — pain and suffering, disfigurement, and any impact on future earning capacity — and that money is preserved for the child under court supervision until adulthood. Parents hold their own claim for the medical expenses they have paid and will pay during the child's minority. The two claims are brought together in one lawsuit, and the court's approval of any minor's settlement keeps the division fair.