Injuries to Children and Lawsuits
Nothing is more devastating than an injury to a child. Whether the harm was caused by a defective toy, a daycare’s negligence, or a serious accident, the legal path forward is uniquely complex. In Louisiana, protecting a minor’s future requires navigating specific procedural safeguards, including court-approved settlements and the proper management of ‘minor’s funds.’
With the 2025/2026 legal reforms now in effect, the burden of proving causation has increased, making it vital to have an attorney who can provide the affirmative medical evidence required by the newest standards. At the Berniard Law Firm, Jeffrey Berniard brings over 20 years of experience and a 14-year streak as a Louisiana Super Lawyer to these sensitive cases. We don’t just fight for a settlement; we fight to ensure your child has the resources they need for long-term recovery, specialized care, and a secure future.
Filing a Lawsuit on Behalf of a Minor
Injuries to children are, unfortunately, all too common. A 2008 report from the Centers for Disease Control (CDC) stated that over nine million children receive emergency medical care annually for nonfatal injuries, and about twenty children pass away each day from sustained injuries. These injuries, though often unintentional, are highly preventable and can include slips and falls, burns, traffic accidents, poisoning, drownings, animal bites, and suffocation.
When a child is injured due to the actions of another, the law allows for the recovery of financial compensation.
If your child is injured in New Orleans, the first step is to contact an attorney. Because courts generally view children as lacking the capacity to understand the law, an unemancipated minor cannot file a lawsuit on their own behalf.
Instead, the state of Louisiana requires a parent or legal guardian to bring the lawsuit forward.
- If the parents are not divorced or separated, the father typically typically brings the suit.
- If the child has no parent or guardian, the court may appoint a legal representative.
Premises Liability and the "Attractive Nuisance" Doctrine
Children can be injured anywhere, but a common scenario involves a child wandering onto another person’s property because they are attracted by an unusual condition or object.
While landowners generally have no duty to protect trespassers, they owe a special duty to children under the attractive nuisance doctrine. The law assumes children are unaware of the dangers certain conditions pose. Therefore, landowners are expected to take reasonable care to safeguard children from dangerous conditions on their property, such as ungated pools, large open holes, or abandoned cars.
Liability is determined on a case-by-case basis, depending on the child’s age and maturity level.
Damages Recoverable in Child Injury Cases
If a child is injured, they are entitled to damages meant to restore them to the position they were in before the injury. The types of damages available to a child differ somewhat from those for an adult.
Economic Damages (Financial Losses):
- Past and future medical expenses
- Loss of wages (if the child is employed)
- Diminished future earnings
- Property damage related to the injury
Non-Economic Damages (Quality of Life Losses): These are calculated on a case-by-case basis and depend on the injury’s severity.
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
Punitive Damages: In limited circumstances, punitive damages may be awarded to punish the defendant and deter future harmful behavior.
Bystander Damages: A child in Louisiana may also recover damages under the bystander effect if they witness an accident involving a close family member (parent, grandparent, or sibling) or arrive on the scene shortly after.
Wrongful Death of a Child
In the heartbreaking event of a child’s death caused by another’s actions, a wrongful death action can be brought by surviving parents, siblings, or grandparents, depending on who survives the child.
Recoverable damages include:
- Medical expenses incurred trying to save the child’s life
- Funeral expenses
- Pain and suffering, emotional distress, and mental anguish of the surviving party
- Punitive damages and bystander damages for the surviving party
All wrongful death claims must be brought within two years of the child’s passing.
If your child has been injured, contact experienced Louisiana child injury attorneys who understand state laws and how to use them to protect your family’s rights.