Suing for Personal Injury on Behalf of Your Child
- Posted on: Jan 15 2020
If your child has been injured due to someone else’s negligence or fault, you may want to take this other party to court to win compensation for the medical bills along with the pain and suffering your child has experienced. Because anyone under age 18 cannot sue someone, you must bring the personal injury lawsuit against the other party yourself on behalf of your child. Other than this factor, suing on behalf of a child is fairly similar to suing someone yourself.
A Child’s Right to Compensation Is the Same as an Adult’s
Just because the injured party is under the age of 18 doesn’t mean they don’t deserve the same type of compensation that an older person does. Your case can ask for compensation for your child’s medical costs, their pain and suffering, and even loss of future earnings if the injury will result in a permanent disability or loss of function. As a parent, you need to remember that any settlement offer for your child shouldn’t be decreased just because the injured party is young.
You Can Ask for Compensation, Too
Your child can’t take care of themselves, especially when injured. If you or your spouse has to take off work for days or even weeks to care for your child, you can seek to recover lost wages, too.
What If another Child Is to Blame?
If another child caused the injury, the law may not hold them as accountable. Thus, you won’t be able to receive as much compensation as you would if the guilty party were an adult. For example, if the injury was caused by a child under age seven, the court generally rules that they are too young to understand their actions. However, it’s possible the child’s parents can be held liable for negligence. In cases like this, it all comes down to the situation and what happened.
For older children who inflict deliberate harm, their parents may be held liable for the damage done. Older teens are most often held to adult standards because they understand their actions.
Need help bringing a personal injury case on behalf of your child? Contact Held & Hines LLP to schedule a free consultation.