Frequently Asked Questions When Your Child Has Been Injured

When a child has been injured, parents may be able to take action with a child injury lawyer in order to hold the negligent party liable for their actions. No child should have to endure unnecessary pain. Unfortunately, when a child has been injured in an accident, the damages they stand to face may be significant. It’s only natural for a parent to consider whether taking legal action is in the best interest of their child. As a child injury lawyer, we know that you may have a number of questions pertaining to this process. Working with a child injury lawyer can not only help to guide you through the process, but help your questions so that you can make an informed decision regarding the best way to move forward with your child’s case. 

Who files a claim against a negligent party when a minor is injured?

When a minor is injured at the hands of another person, they are not able to take legal action until they reach the age of 18. However, a parent may choose to take swift and immediate action in the name of their child in order to obtain damages that rightfully belong to the child. A child injury lawyer can assist you in the wake of a personal injury. If your child has been injured, taking action in their name can help retain the compensation they may be entitled to. 

What happens to the settlement of a minor?

In most cases there are two primary things that happen once a settlement is obtained. Cases involving minors may be overseen by the court. Because of this, much of the money obtained from a personal injury award involving a minor may be placed into a separate trust account for when the child reaches the age of 18. Compensation covers pain and suffering, disabilities, future medical treatments and future lost wages. However, the parent or representative to the child may also be able to obtain some portion of the settlement to help satisfy any losses they have experienced as a result of the accident. This may include medical expenses, lost wages, etc. It’s important to note that while making decisions regarding settlements that a minor has received, the court will act in the best interest of a child. Working with a child injury lawyer is crucial in this type of situation as they will be able to carefully outline the best way to obtain compensation for both your losses and your child’s. 

Should a lawsuit or insurance claim be filed?

This will certainly vary based on your case. You can certainly choose either. However a lawyer may recommend that you first attempt to obtain a settlement through the claims process prior to pursuing  a lawsuit. This can be a fast alternative to what may be a lengthy legal process. Filing a claim gives your attorney the opportunity to negotiate a fair settlement for your child. However, in some cases, a lawsuit may be in your best interest, especially if the accident is far more serious.

Will my child have to undergo a lengthy testimony during the process? 

As a parent, you will likely be protective of your child during this process. A child injury lawyer is well aware of the impact that providing testimony may have on a child. Whether or not your child will have to endure testimony during the course of a child injury case will largely depend on the age of the child and whether or not they suffer disabilities or trauma as a result of the accident.

For more information regarding child injury cases, contact a child injury lawyer as soon as possible to determine the best way to take legal action. 

 

Source: Personal Injury Attorney in Scottsdale, AZ, Yearin Law Office

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