Can I bring a personal injury claim on behalf of a child?
Being in an accident and sustaining injuries can have you feeling overwhelmed and stressed out, but when the injured party is your child, your emotions can go through the roof. When this happens, personal injury attorney Pendergrass recommends you file a personal injury claim on behalf of your child to get compensation from the liable party. To do so, you should reach out to a personal injury attorney and tell them about your child’s case. They will explain the legal options available and advise you on how to proceed.
Who can file on behalf of a child?
If the child in question is under the age of eighteen and you are their parent, you have a right to seek compensation on their behalf if they get injured due to another party’s negligent actions. The child needs an adult to represent them throughout the legal process. In general, it is only the parent or guardian of a minor who is entitled to take such legal action.
What damages can you seek in a personal injury claim on behalf of your child?
A big reason to file a claim on behalf of a child is the compensation your child can receive. You can receive compensation for the following damages:
- Medical expenses
- Rehabilitation costs
- Emotional counselling
- Lost wages if the child was employed prior to the accident
- Pain and suffering
- Other accident-related expenses
Parents may also seek compensation in the following situations:
- They have lost wages because they needed to stay home and take care of their child
- They may receive other accident-related expenses as deemed appropriate by the court
How long do I have to file a claim on behalf of my child?
The statute of limitations generally holds that the timeframe to bring an injury claim on behalf of a minor is one year from the date of the accident. This timeframe may be even shorter when you are pursuing a claim against a government agency. An example may be an injury sustained by your child while riding the school bus at the time of an accident.
It is also possible for a child to bring a claim against the party at fault within one year of turning 18. Failure to stick to these deadlines means your child may no longer be able to pursue compensation for these injuries.
How would a child’s settlement be approved or distributed?
Your child’s attorney will negotiate with the other party on your behalf to determine an amount that is satisfactory for both parties. You may settle out of court but the offer may also be reviewed and the agreement must be approved by the court.
Depending on the final settlement amount, this is what may happen:
- If the pay-out is less than $10,000, your personal injury attorney will file an affidavit with the court.
- If the amount is $10,000 or more, the parents and the child must meet with the judge in their chambers and review the agreement and final amount.
The award may be given to the parents or guardian, or be placed in a trust to be held until the minor reaches the age of 18.
*This is a collaborative post
