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Getting into a serious accident is scary enough on its own, but that anxiety can skyrocket when a child is involved. We want to protect our children because they’re our future, and that includes fighting for their rights when something terrible happens. They can receive financial compensation for their injuries, but the process may differ.
If you or a loved one has recently been in a serious accident involving a minor, Shapiro Law Team is here to help. We’ll provide insight into everything you need to know about a minor’s personal injury settlement and the steps you can take to file the claim.
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Minors are at risk of injuries from various types of accidents or incidents. Knowing the risks can help you prepare in the event of a serious incident. These scenarios can include:
A child has just as many rights as an adult in a personal injury case. The big difference is that they cannot represent themselves in a legal setting. A parent or legal guardian is required to make decisions on the child’s behalf.
This also means there are additional steps in the legal process that the court must follow to approve settlements on behalf of the child. The overall process may take longer and require additional knowledge of the legal system.
Minors cannot legally enter into any agreement or contract, and this includes personal injury settlements. Due to this fact, the child must have a parent or legal guardian enter the settlement on their behalf. This person must have a legal relationship with the minor, such as a parent or adult with guardianship rights.
If a child experiences serious injuries, the repercussions could last into adulthood. When they need to care for themselves, they may have medical expenses from the incident that follows them. You want to ensure the settlement they earn is enough to provide financial support into adulthood. They will eventually need to use that money themselves to be independent and take care of themselves.
The settlement for a minor’s injuries doesn’t just cover past medical expenses and damages. That money needs to be able to support them into adulthood so they can take care of themselves. Long-lasting injuries can impact quality of life, and you owe it to them to fight for maximum compensation that will last well into the future.
If you’ve been in a serious accident involving a child, the first step is to take a breath. You want to protect your children, and seeing them hurt can send you into a panic. Keeping calm ensures you have a clear mind to follow the proper steps to fight for your child’s rights. Here’s a quick guide on the steps you need to take after an accident to file a personal injury settlement for a minor or child.
After a serious accident, medical care should be your top priority. Whether it’s a slip and fall or a car accident, bring your child to your family doctor or the emergency department to assess the extent of the injuries. Make sure to get clear and thorough medical documentation of every injury and the medical bills, as these will be crucial to your case.
When it comes to your child, you want the best personal injury lawyer you can find. These cases can get complicated quickly, so it’s helpful to have a lawyer on your side who knows the legal system inside and out. Contact a personal injury lawyer at Shapiro Law Team to go over your legal options.
Any legal case needs strong evidence to prove that the other party is at fault. Strong evidence makes for a strong case, so collect as much evidence as you can of the incident and the injuries your child sustained from it. This can include medical records, pictures of the injuries, eyewitness testimonies, and photographic or video evidence of the scene and surrounding area.
Once you’ve assembled your team and gotten all of your paperwork in order, the real work begins. Your team will begin negotiations with the other party’s insurance company. The goal is to receive enough financial compensation to cover medical expenses, future medical care, pain, and suffering, as well as other damages.
This step can be the longest one, as insurance companies will try to fight you at every turn. It’s important to know your rights as well as your child’s rights so you can fight for the compensation your child deserves.
Every legal claim has a statute of limitations in which you can file it. For incidents involving minors, this timeline looks a little different from a traditional personal injury claim. Since minors can’t legally enter into any contract, their statute of limitations doesn’t begin until they turn 18 years old. At that point, they have 2 years to file the claim. Different claims can have different statutes of limitations, so be sure to double-check with your lawyer.
Once you and the opposing party have settled, the final step is to take it to a court for approval. The court will take a look at the settlement and determine if it upholds the child’s best interests, and they can get meticulous with personal injury cases involving minors. They will also determine if guardianship is required for the settlement, in which case the guardian will have to file a status report every 2 years.
When negotiating a minor’s personal injury settlement, you can choose to receive the payment as a lump sum or a structured settlement. A lump sum means you get all of the money at once in a bank account, while a structured settlement means the at-fault party pays the settlement in agreed-upon payments over time. While a lump sum sounds great upfront, a structured settlement ensures the money is not spent all at once as soon as the child turns 18 years old.
Because a legal guardian is negotiating the settlement on the child’s behalf, a court needs to approve it before your family earns compensation. The court ensures the settlement has the child’s best interest in mind, and it’s enough to adequately cover expenses and damages into adulthood.
Whether it was a slip-and-fall accident or wrongful death, your child has the right to financial compensation. While the process may look a little different, filing a personal injury case for a minor is the justice they deserve after being wrongfully hurt.
If you’re looking for legal help with your child’s personal injury case, trust the attorneys at Shapiro Law Team. We’ll fight for our client’s rights in the Arizona and New Mexico courts so your child gets the compensation they deserve. Our firm works on a contingency fee basis, meaning you don’t pay us a thing unless we win your case.
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