What Should I Do if My Child Was in a Car Accident?

Posted on: November 20, 2020

When a child is involved in a car accident, the parents will be worried about their child’s health and well-being. Many accidents only result in property damage, but in other cases, car crashes cause serious injuries. It can be difficult to focus and make important decisions during this sensitive time. 

Whether or not a parent can sue on behalf of their child will depend on a number of factors. If the child was struck by a vehicle, then it is possible for a parent to make a claim on the child’s behalf. In general, children under the age of 18 years old are unable to bring their own claim against a third party. In this case, a parent can step in to file a lawsuit on their child’s behalf as a litigation guardian.

If the parent was driving when the child was injured, then serving in the capacity of a litigation guardian may not be possible. There are some exceptions to this restriction. It is best to consult with a lawyer to get legal advice on whether it is possible to file a claim as a litigation guardian.

Can a Minor File a Personal Injury Claim?

In some instances, it is possible to wait until the child reaches the age of majority so that they can file a claim on their own behalf. However, waiting until the age of majority is not always possible because there is a time limit for filing claims. A claim filed after the statute of limitations has passed will be denied by a court. In many instances, the statute of limitation is two years after the accident. It is best to check with a qualified lawyer as state laws can vary.

Should I Accept a Settlement Offer?

An insurance company may seek to settle a claim out of court. Insurance limits vary by state and can impact the maximum amount that can be recovered in an insurance settlement. Most states, including New Jersey and Pennsylvania, have some version of no-fault insurance. Less expensive plans may limit recovery to economic damages, such as repair to the vehicle, lost wages, and medical bills. Some higher cost plans expand coverage to non-economic damages, like pain and suffering. Before accepting a settlement, it is best to consult with a lawyer who can review the case.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Represent Children Injured in Car Accidents

If your child has injuries because of a car accident, it is advantageous to speak with a lawyer. Our Monmouth County car accident lawyers at the Falcon Law Firm, LLC assist accident victims with compensation. For a free consultation, complete our online form or call us at 732-660-1200. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we serve clients throughout Asbury Park, Belmar, Deal, Ocean Township, Point Pleasant, Long Branch, West Long Branch, Sayreville, Middlesex County, and Monmouth County, New Jersey, as well as Bucks County, Pennsylvania.

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