Arkansas Child Injury Claims Lawyer

When a child suffers an injury due to someone else’s carelessness, it is important for parents to understand how the legal process works. Knowing what to expect—from initial evidence gathering to final resolution—can help families make informed decisions, preserve their rights, and pursue the support their child needs.

Investigation and Evidence Gathering

The process begins with collecting detailed information about the incident. This includes medical records, emergency response reports, photographs of injuries and the scene, and names and statements from any witnesses. Documentation is essential to preserving facts while they are fresh. In some cases, additional evidence such as surveillance footage or expert analysis (from accident reconstructionists or pediatric specialists) may be needed to explain how the injury occurred and assess its impact 

Establishing Liability

Once the facts are gathered, it is necessary to determine who is legally at fault. Liability depends on proving that someone failed in their duty of care toward the child, such as a driver ignoring traffic laws, a school failing to supervise properly, or a manufacturer producing an unsafe toy. Establishing liability often involves linking specific actions (or inaction) to the injury and showing that it could have been prevented through reasonable care.

Filing Insurance Claims

After identifying the liable party, the next step is to file an insurance claim. This usually involves notifying the appropriate insurer, such as an auto insurer, property insurer, or business liability provider, and submitting a written notice or demand. The claim outlines the basis for liability, the injuries sustained, and a summary of the damages being requested. This begins the formal review and negotiation process with the insurance adjuster. 

Negotiating a Settlement

Once the claim is under review, negotiations begin. Insurance companies may respond with settlement offers that are lower than what is needed to fully cover medical bills, therapy, or long-term care. It is important to present clear evidence to justify the value of the claim. Negotiations may involve back-and-forth communication, expert reports, and detailed documentation of treatment costs, emotional harm, and any expected future limitations or care needs.

Filing a Lawsuit (if Needed)

If a fair agreement cannot be reached through negotiation, the next step is to file a lawsuit in civil court. The parent or guardian brings the suit on behalf of the child. The litigation process includes discovery, where both sides exchange documents and testimony. While many lawsuits still settle before trial, preparing for court may be necessary to compel a reasonable offer or obtain a decision from a judge or jury.

Settlement and Court Approval

When a child injury case settles, Arkansas law requires court approval for larger settlements involving minors. This is to make sure the terms serve the best interests of the child. A guardian or guardian ad litem may be appointed to oversee the agreement, and the court may direct that funds be placed in a restricted account or structured settlement that protects the child’s access until adulthood. This safeguard helps ensure the child’s compensation is used appropriately and preserved for future needs.

Resolution

The process concludes once a settlement is finalized or a trial verdict is issued, and the awarded compensation is distributed. Typically, medical expenses, legal costs, and liens are paid first. Any remaining funds may be held in trust or allocated through a structured plan to support the child over time. While the resolution marks the end of the legal case, it also offers the beginning of financial recovery and long-term stability for the child and their family.

Pursuing justice for an injured child is a complex task – having a qualified attorney greatly improves the outcome.

Here’s why working with an experienced Arkansas child injury claims lawyer is crucial:

• Focused on Your Child’s Best Interest: A child injury lawyer will be solely dedicated to protecting your child’s rights and well-being throughout the legal process. They handle the legal battle so that you, as a parent, can focus on your child’s recovery.
• Investigation and Evidence Gathering: Lawyers have the resources to conduct a thorough investigation. They know what evidence is needed to prove negligence and can collect medical records, accident reports, and expert opinions. A skilled attorney will gather and preserve key evidence (and even hire experts) to build a strong case that demonstrates how the accident happened and the extent of your child’s losses.
• Dealing with Insurance Companies: Perhaps one of the biggest advantages is having an attorney manage all communications with insurance adjusters and opposing attorneys. Insurance companies often try to get parents to say things that hurt the claim or to settle quickly for less. A lawyer serves as your buffer, shielding you from insurance tactics.
• Skilled Negotiation: Seasoned injury attorneys are experienced negotiators. They can calculate the full value of your child’s claim (with an eye on future needs) and fight for every dollar of compensation. They also bring a level-headed approach – unlike an understandably emotional parent, an attorney can stay objective and strategic when dealing with the at-fault party or insurer.
• Trial Experience: If the at-fault party refuses to settle fairly, a child injury lawyer can take the case to court. Trial is a complex process – an experienced lawyer will know how to present evidence to a jury, examine witnesses, and advocate effectively for your child. The willingness to go to trial also gives your case leverage during settlement talks. Opposing parties know that if they don’t negotiate in good faith, the lawyer will pursue a verdict in court.
• Reducing Your Stress: After a serious accident, parents are under immense stress caring for an injured child. Hiring a lawyer can relieve you of the legal burdens. Your attorney will handle the hard conversations with insurers, the paperwork, and the legal strategy, keeping you informed at each step. This support gives you the peace of mind to concentrate on your child’s healing.
• Compassion and Guidance: A good child injury attorney understands the sensitive nature of these cases. They will treat you and your child with compassion, providing guidance and reassurance during a difficult time. They can also connect you with resources (medical experts, support services) as needed. Ultimately, having a trusted legal advocate in your corner can make the path to justice much smoother for your family.

If your child has been injured because of someone else’s negligence, it’s important to seek legal guidance as soon as possible.

Contact Gates Law Firm, PLLC at (501) 779-8091 to speak with an Arkansas child injury lawyer who can protect your family’s rights and fight for the compensation your child deserves.

In Arkansas, children injured due to someone else’s negligence have the right to seek compensation for the full scope of their losses, just as adult victims do. Below are the main categories of compensation available in an Arkansas child injury case, each aimed at helping the child recover and securing their future well-being.

Medical Expenses

When a child is hurt, the family can recover the medical costs needed to treat the injury. This includes all past and current medical bills as well as anticipated future medical care. Expenses for emergency room visits, surgeries, hospital stays, doctor appointments, medications, and rehabilitation therapy are covered under these damages. Arkansas law allows compensation for all such reasonable and necessary medical expenses, ensuring the child receives proper treatment without undue financial strain on the family.

Pain and Suffering

Pain and suffering damages compensate the child for the physical pain and discomfort caused by the injury. Arkansas personal injury law recognizes that an accident can inflict severe and lasting pain on a child, affecting their quality of life. In determining these damages, factors like the intensity of the pain and how long the child is expected to suffer are considered. Although no dollar value can truly make up for a child’s pain, these damages attempt to acknowledge the physical suffering the child has endured.

Emotional Distress and Trauma

A serious injury can also lead to psychological trauma for a child. Children may develop anxiety, depression, nightmares, or even post-traumatic stress disorder (PTSD) after an accident. Arkansas courts permit recovery for this emotional distress, recognizing the accident’s psychological impact on the child’s well-being. These damages aim to compensate for the mental anguish, and they acknowledge that the child might require counseling or therapy to cope with the trauma of the event.

Loss of Enjoyment of Life

Injuries can rob a child of the ability to participate in activities they once loved. Loss of enjoyment of life damages address this diminished quality of life. For example, a child who can no longer play sports, ride a bike, or engage in hobbies because of their injuries can be compensated for that lost enjoyment. Arkansas law treats this as an important, though intangible, loss. Putting a value on the loss of normal childhood experiences, the law seeks to fairly account for how the injury limits the child’s day-to-day happiness.

Future Care Costs

Many child injuries require long-term care and resources beyond the initial medical treatment. Future care costs can be recovered to cover these needs. This category includes ongoing medical treatment, future surgeries, physical rehabilitation, occupational or speech therapy, and any long-term support services the child may need as they grow up. In Arkansas, a settlement for a child can account for projected future expenses by consulting medical experts about the child’s prognosis. The goal is to ensure the child will have funds for necessary treatment, assistive devices, or accommodations well into the future.

Parental Economic Losses

In a child injury case, parents often experience financial losses of their own while caring for the injured child. Arkansas law permits parents to recover compensation for these economic losses. This can include a parent’s lost wages if they had to take time off work to nurse the child or take them to medical appointments, as well as any out-of-pocket expenses the parents paid for the child’s care. In other words, parents are entitled to be reimbursed for costs they incur directly because of the injury to their child. Recognizing parental losses, the legal system helps ensure the family as a whole is not financially burdened due to the accident.

Arkansas law generally gives an injured person three years from the date of the injury to file a personal injury lawsuit. This three-year statute of limitations applies to most standard injury cases – for example, car accidents, slip-and-fall injuries, or other negligence claims. If a lawsuit is not started within three years, the claim will almost certainly be barred, meaning you lose the right to sue for that injury. 

However, because minors (under age 18) cannot file a lawsuit on their own, Arkansas “tolls” the statute of limitations for injury claims by minors. Tolling means the clock is paused until the child reaches adulthood. In practical terms, the three-year time limit does not begin to run until the child’s 18th birthday. The minor (or their parent/guardian) can still file the claim during minority, but they also have until the child turns 18 plus the limitations period. 

For example, if a child was 15 when injured, a lawsuit could be filed up until the child’s 21st birthday (which is three years after turning 18). This rule gives families additional time to pursue a claim for a young injury victim. However, it’s usually wise not to wait too long – evidence can fade, and it’s often best to investigate and act promptly, even though the law allows extra time.

Shorter Deadlines and Exceptions 

While the general deadline is three years, some types of cases involving child injuries have shorter limits or special rules. The two most important examples are medical malpractice claims and claims involving government entities:

Medical Malpractice

If a child’s injury was due to medical negligence (malpractice), a shorter statute of limitations applies. In Arkansas, medical malpractice lawsuits usually must be filed within two years of the date of the negligent act or omission. This is a significantly shorter window than the standard three years. Importantly, the usual tolling for minors may not extend a malpractice deadline except in a limited scenario. 

Arkansas law provides a specific extension for very young children injured by medical malpractice: if the patient was under age nine, the statute of limitations does not begin to run until their 11th birthday, or two years from the malpractice date – whichever is later. In other words, a malpractice claim involving a baby or young child can be filed up until the child turns 11 (at minimum). But for minors older than 9, no additional extension is given by this law, meaning a teenager injured by malpractice is generally still bound to the two-year deadline. 

Aside from the age-based rule, Arkansas also allows a brief 90-day extension of the malpractice filing deadline if you serve written notice of intent to sue on the health care provider within the last 30 days of the two-year period. This tolling of an extra 90 days is only available if very specific notice requirements are met. Given these tighter timelines, families should be especially prompt in consulting an attorney if a child may have been harmed by medical negligence.

Claims Involving Government Entities

Injury claims against a city, county, school district, or the state government involve special procedures and often shorter effective deadlines. Arkansas’s constitution grants sovereign immunity to the State of Arkansas, meaning the state itself cannot be sued in court for damages. Instead, any claim for money against the state (for example, if a state employee’s negligence hurt a child) must be filed with the Arkansas State Claims Commission, and within the same time limits that would apply if the claim were against a private party (typically three years, or two years for malpractice).

For local governments (like cities or counties), Arkansas law waives immunity to the extent the entity has liability insurance for the claim. You can sue a city or county for a child’s injury in those cases, but you must first provide a formal notice of claim to the government. The notice must be filed before you sue, and often very quickly – sometimes within just a few months of the injury. 

Failing to give proper notice on time can result in the claim being denied outright. In summary, when a child’s injury involves a potential government defendant, be aware of strict notice requirements (on the order of 30 to 180 days, depending on the situation) and the need to follow special processes. These government-related deadlines override the normal statute of limitations, so it’s critical to seek legal guidance early.

Any settlement of a child’s injury claim is subject to court oversight to protect the child’s interests. Arkansas law requires court approval for most settlements involving minors, especially larger settlements. In fact, if a personal injury settlement for a minor exceeds a certain small amount, a court must review and approve it to ensure it is fair and in the child’s best interest. 

Under a law known as the Arkansas Statutory Thresholds for Settlement Agreements Involving Minors Act, settlements up to $25,000 can be handled by the child’s parent or guardian without a formal court hearing if certain conditions are met. Those conditions include providing a sworn affidavit by the guardian about the settlement and depositing the settlement funds into a restricted account or annuity for the child’s benefit. This allows smaller claims to be resolved efficiently. However, for any settlement above $25,000 (or if a court-appointed conservator/guardian ad litem is already in place for the child’s estate), the family must obtain court approval. Typically, that means a guardian will be appointed to represent the child’s interests, and a petition will be filed in the probate division of the circuit court asking a judge to approve the settlement. 

The judge will review the terms (and often the allocation of settlement funds) to confirm that the outcome is fair to the minor. Only after the court signs off can the settlement funds be finalized and disbursed. In summary, parents should know that they cannot simply settle a significant claim and take the money on behalf of a minor; judicial approval is required to finalize most substantial child injury settlements in Arkansas.

Who Can File a Claim on Behalf of a Child?

Since a person under 18 cannot sue or be sued in their own name, a parent or legal guardian must file the claim on the child’s behalf. In Arkansas, a minor can only pursue a lawsuit through a representative, sometimes called a “next friend,” who acts for the child in court. In practice, this is usually one of the child’s parents or an appointed guardian. The parent/guardian will be named in the lawsuit as, for example, “John Doe, as next friend of [Child].” This rule ensures the child’s legal rights are asserted by an adult who can make decisions in the child’s best interest. 

It also means any settlement or court award will be administered by the parent/guardian (under the court’s supervision, as noted above) for the benefit of the child. If no suitable parent or guardian is available, the court can appoint a guardian ad litem specifically to handle the child’s claim. The bottom line is that children cannot start legal claims alone – a competent adult must step in to represent them in any injury lawsuit or settlement process.