Written by Josh Gropper and Rachel Kudlak on July 18, 2022
Every burn injury is unique, and every burn survivor will have their own path to recovery. Nevertheless, infant, child, and teen burn survivors often incur different aspects of recovery due to their young age.
For example, physically, infant burn survivors have specific challenges based on their small size and thinner skin. Mentally, young burn survivors have an increased risk for bullying, body image concerns, and other emotional challenges as they transition from childhood to adulthood. From a legal perspective, there are also major differences between young burn survivors and adults.
As a parent or caregiver of a child who is physically healing from a burn injury, the thought of pursuing legal action is likely far from the top of your mind. The most important thing for any parent or caregiver is to care for their healing child and take time to care for themself. However, legal action should still be something for the caregivers to consider.
Suppose your child has been burned due to another party's negligence (or wrongdoing); in this case, it is crucial to consider your legal options because your child could be entitled to compensation for their injuries.
There is a limited time in which to file a lawsuit for many adult burn survivors, and oftentimes, the window of opportunity is already closed when adults finally decide to pursue action. However, this is often different for injured infants, children, or adolescents. The silver lining for young burn survivors is that there is usually a larger window of time in which to file or begin legal action.
For young burn survivors, usually, the Statute of Limitations is tolled (or paused) and generally does not begin to run until the burn survivor turns at least 18 (a Statute of Limitations is the time period after an accident within which a personal injury lawsuit can be filed). Furthermore, federal and state laws generally do not permit minors to file lawsuits. This is because children don't have the legal capacity to contract, hire an attorney, or sign court documents. However, this does not mean those under 18 cannot sue. Rather, their parent or legal guardian can file a lawsuit on their behalf. If legal action is taken and compensation is awarded, usually the money received will be placed in a bank account or annuity, which will be set up for the benefit of the child and held until they turn at least 18.
It is important to note that the Statute of Limitations varies from state to state and is often different for negligence, wrongful death, and medical malpractice matters. So although a young burn survivor often has a larger window of opportunity to pursue legal action, we highly recommend speaking with an attorney as soon as possible to know whether a lawsuit remains a viable option.
Submit your legal questions to our "Ask the Experts" section featured in Journey Magazine! No question is off-limits. Odds are, someone else is facing a similar challenge, so send us your questions and help the whole community learn and grow. Submit questions to resources@phoenix-society.org with "Ask the Experts" in the subject line.
When selecting legal counsel, choosing an attorney with prior experience with the burn community and burn injuries can be extremely beneficial. Healing from a burn injury is physical, mental, and emotional, and it's important to find an attorney who has the experience your case deserves, as well as the compassion and trust you and your child need as you navigate the legal landscape.
For attorney Joshua Gropper at Groper & Nejat, burn injury cases have a special place in his heart. During law school, Joshua faced a family tragedy when his brother, Danny, was trapped in a house fire and suffered third-degree burns on over 85% of his body.
As a result, Danny was hospitalized for almost two years, and Joshua saw firsthand that a quality and caring lawyer can make a real difference to people who suffer severe injuries. For over 25 years, Joshua has been committed to helping those who have been hurt or injured.
Joshua Gropper is a managing partner of Gropper & Nejat, PLLC (https://www.groppernejat.com), with offices in New York and New Jersey. For 25 years, he has provided legal counsel helping families find justice and accountability. He has been selected as a Super Lawyer for eight years and running. Josh and his firm have also become partners of Phoenix Society's mission and programs. Their support is creating access to community, peer support, information, and programming that is helping more people heal. And their readily available expertise is providing skilled representation to survivors across the nation. Stay connected with Phoenix Society for more legal resources throughout the year, and don't hesitate to reach out to Josh with your legal questions at (212) 366-4600.