If your child was injured as a result of someone else’s negligence, you may be able to file a personal injury claim on their behalf. Before proceeding, it is essential to comprehend all your legal options, as these claims can be intricate.
An experienced personal injury attorney will be able to recommend the best course of action for your case and assist you in pursuing the compensation you and your family are entitled to. This article will discuss child-related personal injury claims and the unique considerations that must be considered.
What Is a Personal Injury Claim?
A personal injury claims is a legal action in which an individual or party alleges they have suffered harm due to another’s negligence or wrongdoing. If you were injured in an accident that was not your fault, you may be able to file a claim for personal injury and seek compensation for your damages.
To succeed in a personal injury claim, you must prove that the defendant was at fault and that their negligence or wrongdoing caused your injuries. You must also demonstrate that you have suffered damages as a result of the accident, including medical expenses, lost wages, and pain and suffering. You may be able to recover compensation for your injuries if you can prove all of these elements.
What Are the Benefits of Pursuing A Personal Injury Claim For A Child?
There are several advantages to filing a claim for a child’s personal injury:
- First, it can assist in holding the responsible party accountable for their actions and ensuring that they are held liable for the damage they have caused.
- Second, it can assist your child in obtaining the necessary compensation to cover their medical expenses and other damages.
- Finally, it can provide closure and a sense of justice to your family.
What Are the Special Considerations For Child-Related Personal Injury Claims?
When pursuing a personal injury claim on behalf of a child, a few unique considerations must be considered.
First, it is crucial to realize that a minor cannot legally file a claim for personal injury in their own name. The claim must be filed by a parent or legal guardian on their behalf.
Second, the personal injury statute of limitations is typically shorter for minors than for adults. After your child has been injured, you will need to act swiftly to ensure that their claim is filed within the allotted time frame.
Lastly, it is imperative to remember that any settlement or judgment recovered in a personal injury claims on behalf of a minor will typically be placed in a trust or custodial account until the child attains legal age.
What Are the Steps for Filing A Personal Injury Claim On Behalf Of A Minor?
- Consult an experienced personal injury attorney if you believe your child has a personal injury claim. Your attorney will be able to assess your child’s situation and recommend the best course of action.
- If they believe that your child has a valid claim, they will assist you in gathering the supporting evidence and documents.
- After gathering the necessary evidence, your attorney will draft a demand letter and send it to the insurance company of the responsible party.
- There will be a time limit for the insurance company to respond to the letter. If they refuse a fair settlement, your attorney will be prepared to take the case to court.
If your child is injured due to someone else’s negligence, you may be unsure of your legal options. You may be able to file a claim on their behalf for personal injury. At Garcia and Phan, we will assist you in researching your options and taking the necessary steps to obtain the compensation your child deserves. Contact us immediately at (714) 586-8298 to schedule a free consultation.