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A personal injury claim can be filed after an accident whenever negligence on the part of another driver results in an injury. But what about when the injured person is a minor?
Filing a car accident claim for a child may seem complicated, but it shouldn’t have to be. If you have been involved in an accident that resulted in the injury of a child, reach out to DB Hill Law for a free consultation with a child injury attorney in Lincoln, CA.
Here is some helpful information on child personal injury claims, and what you should expect when you file your claim.
A legal minor – someone under 18 years old – cannot file a personal injury claim for themselves. A parent or legal guardian has to act on their behalf to get compensation. That’s why the first step to filing a claim on behalf of a child is to prove your legal guardianship.
The next step is to determine the damages. As in an adult personal injury case, damages include all harms and losses caused by the incident, including the cost of medical bills, pain, suffering, emotional distress, anxiety, loss of enjoyment of life, lost ability to play sports, etc. Damages from loss of current income usually do not apply in the case of a minor, but it is possible to recover damages in the case of lost future income if the child’s injuries are serious enough that it will impact their future ability to work.
Talk to a professional children’s injury attorney in Lincoln, CA about your accident and the damages incurred. Your total settlement will depend on the seriousness of the accident and severity of physical or emotional harm to the child. You can call us here at DB Hill Law any time to learn more!
In order to file a car accident claim on behalf of a child, you have to prove liability of the other party involved. In other words, you have to prove that the accident was the fault of someone other than the child.
Statutes of Limitations
It’s important to consider the statute of limitations when filing an accident claim on behalf of a child. There is a window of time in which you can legally file a claim – this varies from state to state, but in some circumstances the claimant, even a minor, may have only six months to present a claim. That’s why you need to seek legal counsel as soon as possible.
Remember, you can call DB Hill Law any time for a free consultation with expert child injury lawyers in Lincoln, CA.
Settlements for Child Injury Claims
Settlements in a personal injury claim involving a child may be handled differently than for an adult case, depending on the situation. All settlements must first be approved in court, to make sure that it’s in the best interest of the child.
In some cases, a settlement may be awarded in the form of a trust account for the child, so that they can access the funds when they reach adulthood. This might be the best option in a case that involves a child’s loss of means to work or earn an income. In other cases, the settlement may go to the parent or guardian to help them pay for the child’s medical bills or in general improve their wellbeing.
Because you’re acting on behalf of another person, child injury settlements can often be more complicated. But they are incredibly important. Remember that there is a statute of limitations in child injury cases, so the best thing you can do is act quickly. Contact DB Hill Law, child injury lawyers in Lincoln, CA, right away to learn more about a child injury settlement for your family.
Remember that there is a statute of limitations in child injury cases, so the best thing you can do is act quickly. Contact DB Hill Law, child injury lawyers in Lincoln, CA, right away to learn more about a child injury settlement for your family.
We always begin with a free consultation, allowing us to become acquainted with you and your unique case. Having a professional wrongful death attorney, you won’t need to pay anything, unless we win. Contact a professional wrongful death attorney in Lincoln, CA right away to seek legal counsel.