Can I File a Personal Injury Claim on Behalf of My Child?

As a parent, there are few things more distressing than the knowledge that your child has been injured in an accident. If you’re wondering, “Can I file a personal injury claim on behalf of my child?”, read on for an explanation. 

Filing a Personal Injury Claim on Your Child’s Behalf

The aim of a personal injury claim, whether for a legal minor or an adult, is to make the person “whole,” or otherwise return them to their pre-accident state, as much as possible. As such, recovering damages is possible for injury victims whose damages were caused by the negligence of another individual or party, also known as the at-fault party. 

When a personal injury case involves a legal minor, the situation becomes a little more complicated. Minors can file claims for their damages, but only with the help of a court-appointed guardian ad litem, usually the minor’s parent, who prosecutes the case on their behalf. 

If the parent or guardian is responsible for paying the injured minor’s medical expenses, then those damages are able to be recovered directly by the guardian. Other damages, however, such as those related to the minor’s pain and suffering, loss of potential earning capacity, or physical disfigurement, will be placed in a trust or structured settlement until the minor is of legal age to receive them. 

A judge approves any settlement made between the parties to ensure the best interests of the minor are looked out for. Also of note is that the concepts of contributory negligence may be modified, depending on the age of the child. 

Contact a Personal Injury Lawyer in Charlotte, NC 

Whether your child has been injured in a car accident, a swimming pool accident, or any other kind of accident caused by someone else’s negligence, The Nye Law Group can help. 

Call 704-285-6319 or fill out the following form to get a free consultation with a Charlotte personal injury lawyer from The Nye Law Group.