Can I File a Car Accident Claim if My Child Has Been Injured?

 Posted on January 27, 2024 in Car Accidents

One of a parent's worst nightmares is their child getting injured in a car accident. Unfortunately, more than 400 children suffer car accident injuries in this country every single day.

If your child has been injured, your first concern should be your child’s well-being. Once you have either been assured that they are fine or they are receiving the medical attention they need, your next priority will be trying to cover any expenses from medical or other needs your child requires as a result of the accident. This can be done through a personal injury case. If your child was harmed in a car accident, an experienced El Paso, TX personal injury attorney can handle your case with sensitivity and dedication and serve as a tough advocate for your child’s rights.

Can I File a Claim on My Child’s Behalf?

In general, only the person who was injured files a compensation claim. However, when the person injured in a car accident is a minor, their parents can file these claims on their behalf. There will be certain steps that need to be taken to get your child’s claim resolved. After notifying the other driver's insurance company of your family's intent to pursue legal action for your child's injuries, your attorney will likely go into negotiations to try to come to a fair and just resolution of the case. If both sides come up with an agreed-upon amount, the proposed agreement will need to be approved by the court because minors are legally unauthorized to accept settlements.

Although you and your lawyer might be able to represent your child’s case, a guardian ad litem (GAL) may be assigned to serve as an advocate for the child’s best interests. 

The categories of costs that can be recovered by the child include pain and suffering, disfigurement, and lost future income. Although medical bills are usually covered by a child's parent, the medical expenses incurred from a car accident can also be included as damages in a car accident case. These expenses can include emergency treatment, surgeries, hospitalizations, physical therapy, medication, and medical equipment.

Schedule a Free Consultation with an El Paso County, TX Personal Injury Attorney

If your child was injured in a car accident, you need an experienced El Paso, TX car accident attorney on your side. I have extensive legal experience and will fight hard for your family to get compensated for the losses that resulted from the accident. Call James Kennedy, P.L.L.C. at 915-544-5200 to schedule a free consultation and find out what legal options your family has.