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When someone is injured in an accident due to the negligence of another driver, a personal injury claim can be filed. But what changes if the person injured is a minor?
Filing a car accident claim on behalf of a child may seem difficult, but it doesn’t need to be. Get a free consultation with DB Hill Law if you have been involved in an accident that results in the injury of a child in Celina, TX.
The following information is helpful in understanding personal injury claims for children, and what you should expect when filing your claim.
An individual under the age of 18 cannot pursue a personal injury claim on their own behalf. It is the responsibility of the parent or legal guardian to seek compensation on their behalf. It is for this reason that the first step to bringing a claim on behalf of a child is to prove that you are their legal guardian.
The next step will be to determine damages. Like in an adult personal injury claim, monetary damages normally cover all the harm and losses caused by the incident, including lost wages, medical bills, pain and suffering, emotional distress, anxiety, loss of enjoyment of life, loss of ability to play sports, etc. Minors usually do not qualify for damages from lost income, however, they can be compensated for lost future income if their injuries harm their ability to work in the future.
Discuss your accident and circumstances with a professional Celina, TX children’s injury attorney. Your total settlement will depend on the severity of the accident and emotional or physical harm to the child. Feel free to contact us at DB Hill Law at any time to learn more!
If you file a car accident suit on behalf of a child, you have to prove that the party responsible for the accident is at fault. In other words, you need to prove that the accident was not due to the child’s actions.
Statutes of Limitations
The statute of limitations should be considered when filing an accident claim on behalf of a child. There is a window of time in which you can file a claim – the length varies from state to state, but the claimant, even a minor, may only have 6 months to present a claim. This is why you should seek legal assistance as soon as possible.
Remember, you can contact DB Hill Law at any time for a free consultation with a child injury lawyer in Celina, TX.
Settlements for Child Injury Claims
The settlement for a personal injury claim involving a child may differ from one involving an adult, depending on the circumstances. In order to ensure that a settlement is in the best interest of the child, every settlement must first be approved by the court.
It is sometimes possible to receive a settlement as a trust account for the child so that he or she can access the funds after reaching adulthood. If a child loses the means to earn an income or work, this might be the best option. In other cases, the settlement may go to the child’s parent or guardian to pay their medical bills or for their general wellbeing.
Since you are acting on behalf of another person, child injury settlements can often be more complicated. They are, however, incredibly important. You need to remember that child injury claims are subject to a statute of limitations, so it is best to act quickly. To learn more about a child injury settlement for your family, contact DB Hill Law, child injury lawyers in Celina, TX.