A parent may file a personal injury claim after an accident involving children. Accidents that involve children are treated differently from adult personal injury claims. In the eyes of the court, a child is a person under the age of 18 and cannot represent themselves in court. However, the child can be legally represented by an adult.
In the event of a personal injury claim involving a child, a parent’s concern for their child’s health and welfare is of utmost importance. If your child was injured in an accident as a result of another person’s negligence, contact a Huntington Beach personal injury attorney with El Dabe Ritter Trial Lawyers to understand your legal options and receive the compensation your child deserves.
Common Child Personal Injury Claims
There are several ways a child can sustain injuries and many other factors that may affect how a personal injury claim should be handled. The most common types of personal injury claims involving children include:
- Injuries caused by toys
- Car accidents
- Playground accidents
- Birth injuries
- Accidents in a public place
Making a personal injury claim for children
Because personal injury claims are treated differently for children, the process can be complicated and feel impossible to navigate on your own. It is important to hire an expert personal injury attorney.
Seek Medical Assistance for the Child
After an accident involving a child, your top priority should be seeking medical attention. Even injuries that may seem minor can lead to significant health issues if left untreated.
Once a child is fully recovered or has begun the road to recovery, the medical practitioner’s medical records serve as useful evidence in making the injury claim. By seeking medical care, a healthcare provider not only prescribes treatment for the sustained injuries but also records your injuries and the associated expenses.
Record the Details of the Accident
It is always important to have a clear account of what happening when making an injury claim involving a child. Essential facts to record include:
- Time and date of the accident
- Circumstances that led to the accident
- Contact details for any witnesses to the accident
- Damage, including injuries, that occurred at the scene of the accident, which you can record by taking pictures on your cellphone
- Report the accident to relevant authorities
Contact a Solicitor
Before you proceed with a personal injury claim, contact a solicitor. A solicitor, or lawyers, is a legal practitioner who is familiar with most legal matters and will represent you more effectively in a lawsuit.
The Injuries Board
With a lawyer’s assistance, send a medical report form to the Injuries Board. Upon reviewing the report, the board will suggest the appropriate amount of compensation that the liable party is responsible for.
The complainant has the right to accept or decline the compensation amount suggested by the Injuries Board. In the event that the at-fault party declines, a lawsuit may begin, and a court may award damages to the injured party.
Claim Settlement Payment
Settlements are paid in a different way when a personal injury claim involves children. After the court approves the settlement amount, the minor can only receive the compensation once they reach 18 years old.
Contact a Personal Injury Attorney
If your child sustained an injury in an accident directly caused by another person’s negligence, contact El Dabe Ritter Trial Lawyers to ensure your legal rights are protected.