Injury Accident Cases Involving Minors
The last thing you want as a parent is to see your child hurt, and that is why having your child injured in a car accident can be extremely terrifying. Personal injury cases typically involve adults, so what happens if an accident involves minors?
All personal injury cases can be complicated, but the circumstances are more challenging when minors are involved. Since children do not have the same well-informed judgment as adults, there are unique rules for liability and compensation for traffic accidents involving minors.
A serious injury could impact your child’s life, causing pain, discomfort, disability, emotional stress, and other chronic issues. That is why it is essential to work with an experienced personal injury lawyer to help maximize your child’s chances of making a full recovery. The differences between a personal injury claim for an adult and a minor can significantly impact your ability to get compensation for your child.
Getting Compensation for Minors
An injured child has the right to compensation for any damages suffered in a car crash. Obviously, a minor is not able to negotiate the settlement of a personal injury claim, so a parent will be allowed to negotiate or hire a car accident lawyer to do that.
In California, parents have to get approval from the judge before settling their child’s claim. This is called a “compromise of a minor’s claim.” This means that a parent or guardian must be appointed by the court unless the child is legally emancipated. The judge must approve the settlement for the child, and the funds must be deposited into a blocked bank account until the child reaches eighteen years old.
Recoverable Damages for Minors
If your child is injured in an accident due to someone else’s negligence, they are entitled to compensation for:
- Current and future medical expenses
- Continuing medical care
- Loss of ability to earn future income
- Loss of enjoyment
- Pain and suffering
- Therapy services
A parent can sometimes receive compensation for the ongoing medical expenses they paid for their child.
Filing a Personal Injury Claim for Minors
A minor cannot file an injury claim on their own. However, they can have a parent or guardian do it on their behalf. The child can also wait until they turn 18 to file their own claim. While this is another option, it is usually not the best route since crucial evidence can be lost over time. If the minor turns 18 soon, they could work with a personal injury attorney to file an extension to avoid any complications of filing a claim with a parent.
The statute of limitations describes how long you have to file a personal injury claim after a car accident. In a typical case involving adults, there is a two-year limit from the accident’s date to file a claim, which is different for a minor. The statute of limitations starts after a child turns 18, then they would have up to two years to file.
Why You Need a Personal Injury Lawyer for Your Case
Filing a personal injury claim for a car crash is not always straightforward. When it comes to offering fair compensation to the injured party, most insurance companies don’t always do what is right. Insurers often resort to defense tactics to get out of paying claims. That’s why it is essential to have an experienced injury attorney handling your case. A lawyer will have your interests at heart and work diligently to obtain the fair compensation you deserve for your losses.
At AutoAccident.com, we have handled numerous types of cases for injured individuals of all ages since 1982. Cases involving minors are more challenging, but we have the knowledge and experience to manage them. Call our Sacramento injury attorneys today at (916) 921-6400 for a free consultation.
Watch YouTube Video: How to Really Choose a Personal Injury Lawyer. Watch the video below to learn how you can select the best Sacramento personal injury lawyer to handle your accident case.
Sacramento Personal Injury Lawyer
I’m Ed Smith, a personal injury lawyer in Sacramento. The legal aspects in these cases can be stressful and can take an emotional toll on you when your child is injured. We strive to do what is best for you and your child and hold the at-fault party liable. No matter what your case entails, our injury attorneys at AutoAccident.com are here to assist you every step of the way. Call our law office today at (916) 921-6400 or (800) 404-5400 for free, friendly advice.
We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.
See our client reviews on Avvo, Google, Yelp, and past cases on our Verdicts and Settlements page.
Photo by Caleb Woods on Unsplash
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