In the United States, the leading cause of death among children under the age of 8 is car accidents. A devastating number of children are also injured in accidents each year. While parents can do a lot to protect their children, like following car seat and seat belt laws, sometimes the injuries that occur in an accident are beyond their control.
When a minor is injured in an accident, they are not able to file a personal injury lawsuit on their own behalf. Because of this, it is their guardian’s responsibility to determine the appropriate course of action for collecting damages on their behalf.
What is Unique About a Personal Injury Claim Made on Behalf of a Minor?
Perhaps the most unique element of the claim is that the child is unable to negotiate any of the claim on their own behalf. Instead, their parent or guardian will work with a qualified team of lawyers to bring a lawsuit against the person responsible for their injuries. Additionally, before a lawsuit can be settled, personal injury lawsuits involving children must get a final sign off from the judge involved in the case.
How to Collect Damages in a Personal Injury Claim Made on Behalf of a Minor
Like all personal injury claims, a case involving a minor can collect damages for the property damage, medical bills, and the emotional suffering experienced by the child. In order to collect damages, the lawyer involved must first prove that the other driver involved is at fault because they acted negligently and their actions caused the accident. The lawyer will also need to prove the extent of the suffering experienced by the child, which can be done with evidence including medical records, the parents’ testimonies, and even the child’s own reports of pain and suffering.
If your child was injured in a car accident, you may have grounds for filing a personal injury lawsuit. To learn more, click here or call 404-285-4205 to speak with directly with Atty. Richard Howe.