Featured News 2018 Can I File a Personal Injury Claim for My Child?

Can I File a Personal Injury Claim for My Child?

In short, yes. If a child is under 18, the law requires that a parent file a personal injury claim on behalf of a minor who sustained injury due to another entity's actions. However, there are things to think about when filing on behalf of a child.

Things to Think Through When Filing for a Minor

When an adult pursues a personal injury claim on behalf of a minor, they probably have a couple of questions concerning the case. For example, a parent should know that a minor is just as legally-eligible for a personal injury lawsuit as an adult. Additionally, in a personal injury claim, a child has the same rights as an adult, and a minor has the same entitlement to compensation. Therefore, a child is treated as an adult when they are a plaintiff in a personal injury claim.

In regards to the damages that a minor receives in a successful personal injury claim, that money will typically go into an account that will be released to the child once he or she turns 18. Before that time, the court will protect the money by putting it into a trust fund, where it will gain interest over time. This money will be untouchable by a parent unless the parent can show that unlocking the money at an earlier date is in the best interest of the child. Therefore, the personal injury money awarded to the child is theirs to use when they become of age. However, there is a situation where some of the money from a successful personal injury claim will go to the parents.

Can the Parent Receive Compensation for Medical Bills & Legal Fees?

There are situations where an entity's negligence will hurt a child to the point that they need to see a doctor. As the minor does not have the means to pay the doctor, the parent's will cover the cost. In this type of scenario, parents can file a separate claim that seeks to recover compensation from the responsible party for the medical bills they were forced to pay. This case is between the entitiy who injured the child and the parents who had to pay for the medical bill that resulted from the injury.

Moreover, if an entity is found responsible for causing a minor a personal injury, some of the money can go to the parents to pay legal fees for a hired attorney. For this reason, parents should never be afraid to hire a personal injury attorney if they believe that someone's negligence caused the injury that their child endured.

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