When you’re injured, you have the right to bring your claim to court and fight for your compensation. Unfortunately, your child is not always afforded those same rights. People under eighteen don’t have the same rights as adults. If your child has been injured, you could be wondering, “Can I bring a personal injury claim on behalf of a child?”
The answer is yes, however, these claims have a few important differences from a typical personal injury claim. A lawyer from The Kindley Firm, APC, can help you understand those differences, and if necessary, work to get your family the compensation they deserve.
When your child is injured, you and your attorney will need to discuss the injury claim type before you file. The type of claim will help determine which steps you should take.
For example, your child might have been bitten by a dog or injured by a dangerous chemical. Although an adult might be expected not to provoke a dog or act carelessly with dangerous chemicals, a child cannot be held to those same standards.
Dog owners in California have a strict liability to prevent injuries caused by their dogs. Even if your child provoked the dog, its owner might not have a viable defense. This isn’t the case for all personal injury claims, though.
A child who’s old enough to drive, for example, could be held to the same standards as an adult because they are being entrusted with a motor vehicle and can reasonably use caution with dogs and unsafe products. If your child was partially responsible for a car accident, you might need to help them fight for compensation.
Although your child doesn’t always have the same rights to file as an adult might, he or she does have a right to be compensated fully. But, that money is theirs, so what does that mean for you as the guardian?
The judge might order the compensation to be deposited in a fund that can’t be accessed until the child turns eighteen. Although you might receive some compensation for medical bills and other expenses, these funds will be put aside specifically for your child to use as an adult.
When you’re injured, you know you can take your claim to court and fight for the compensation you’re owed. But, you might be wondering, “Can I bring a personal injury claim on behalf of a child?” The answer is yes, but you might need help.
Filing on behalf of another person is complex, and you might not understand all of the factors that can affect the claim. That’s where a lawyer from The Kindley Firm, APC, can help you navigate the claims process and work to recover the compensation your child deserves.
Ready to fight for your child’s compensation? Reach out for a free consultation by calling 619-550-1313 or filling out the online form below.