If you were in a car accident and your child was injured, it can feel more painful than experiencing injuries of your own. A child is extremely vulnerable, both physically and emotionally, and has no way to fight for their rights in court. Thankfully, you’ll be allowed to file a personal injury lawsuit on your child’s behalf.
A San Diego car accident lawyer from The Kindley Firm, APC, can investigate your car accident and ensure all at-fault parties are held responsible for any injuries you and your child have suffered. If both you and your child experienced injuries, two separate lawsuits can be filed for compensation. This will maximize the settlements you receive and reduce financial stress on your family.
Filing a Lawsuit on Behalf of Your Child
When you file a lawsuit on behalf of your child, the case will work very much like your own personal injury lawsuit, except you’ll be speaking on behalf of someone else. If your child is old enough, they can testify in their own case, but if not, you can do the talking.
The evidence brought forth in this case will be relevant to your child’s injuries and your personal injury lawyer can show the judge and jury how your child has experienced pain and suffering from the accident because of the defendant’s negligence.
Determining Who Was Responsible
When trying to pinpoint who was at fault in your car accident, your attorney will use any tangible evidence such as police reports, medical records, photographs, video footage, and witness testimonies to examine how the accident happened and who may have contributed to the damages.
Negligence in car accidents is usually due to distracted driving, driving under the influence, speeding, or disobeying the rules of the road. There may be other parties at fault in your car accident in addition to the colliding driver. For example, if the colliding driver experienced a car malfunction, the manufacturer of their vehicle can be held liable.
Damages Children Can Recover in Car Accidents
Children can recover the exact same damages that adults can, as long as they have experienced legal representation fighting on their behalf. Economic damages that they can recover may include medical expenses from their injuries; and non-economic damages may include pain and suffering, loss of enjoyment of life, and emotional distress.
Contact a Car Accident Attorney in San Diego
Just because a child isn’t an adult doesn’t mean they don’t have a right to compensation for their suffering. It’s important to seek out an attorney who will fight for both you and your child’s rights in the courtroom. At The Kindley Firm, APC, we’ll negotiate on your child’s behalf and ensure your family is compensated properly so that you can feel a sense of closure after your accident.
To speak with a San Diego personal injury lawyer about your child’s case in greater detail, call 619-550-1313 or fill out the contact form below for a free consultation.