How an Injury Claim Works When a Minor Is Involved

injury claim

Being a parent is not easy. When it’s part of your objectives in life, it’s one of the most beautiful things that can happen. But parenthood is certainly no walk in the park. It’s difficult, stressful, time-consuming, and overwhelming. But it can also be a fun and rewarding experience. 

The responsibility of parenthood can be life-consuming. You’ll likely organize your entire day around your job and your family. That process can make new parents feel overwhelmed. But the smile of your children when you come back home will make all the time, effort, and money you spent worth it. 

As with pretty much anything in life, the chance of an unavoidable accident always lurks around the corner even if you plan everything carefully. Children are subject to the whims of their curiosity and it’s normal to see them running around and tripping, putting foreign objects in their mouths, chasing a ball into the street, approaching a stray dog, and so on. 

An accident involving a child can be very serious, and it’s best to know what to do when something bad happens to them, legally speaking.

Can You File a Personal Injury Claim for Your Child?

A personal injury claim works in a slightly different way in cases involving a child. Obviously, you should never forget that the legal procedure will always come after you’ve made sure that the person involved in the accident has received medical treatment. There are different factors to keep in mind when you file an injury claim for a minor

First, in most places, anyone under the age of 18 is considered a minor and they can’t file a personal injury claim for themselves. They need a guardian to pursue a claim on their behalf. Their parent is typically their guardian, and even if they were involved in the same accident as the child, both claims will be considered separate cases, even if compensation is pursued at the same time. 

The Personal Injury Claim Process and How a Trusted Attorney Can Help

This process won’t be easy for your child and they may find it emotionally taxing. Dealing with a particular legal system is incredibly difficult and not something they want to do at a young age—or any age. This is one of the many reasons why you need an experienced lawyer to help you receive compensation. 

A lawyer will handle communication and negotiation. They will also protect the minor involved in the case, as they can request the court for different minor-related protections, like hiding their identity from public disclosure. He will also work to make your child feel comfortable when asked to recount their accident experience. This part is fundamental and can severely impact your ability to receive adequate compensation, as a minor’s testimony is important. 

A judge will take care of examining his capability to give evidence. It’s important that the child does not feel frightened to the point that those in the courtroom start to question the child’s ability to understand what’s happening. Because a lawyer has handled this process hundreds or even thousands of times, they’ll be able to explain to decrease worry and anxiety. 

As a responsible parent, you must understand that it’s already incredibly hard to take everything into your hands when dealing with a judge, and that’s why you always need an expert, especially if a child is involved. Trying to represent yourself while also recovering from your injuries and dealing with more than one claim at the same time is overwhelming. Hiring a lawyer, in this case, is a great move and will help ensure you get compensated for both economic and non-economic damages.

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