Recovering Compensation for Your Child After a Car Crash

 Posted on August 05, 2022 in Personal Injury

No parent wants to see their child injured. If you were in the car with your child when you got hit and they got hurt, you were probably much more focused on your child’s injuries than your own. If you were not present during the accident, getting the call that your child was hurt in a car crash was probably one of the most frightening moments you have experienced as a parent. 

Once the dust settles, you will likely be wondering how you can go about recovering compensation for your child. They may have extensive medical bills from the emergency room, from physical therapy, and often, from counseling if the car accident harmed them emotionally. You, as their parent or legal guardian, can file a claim on your child’s behalf. An attorney can help you ensure that you are taking all the right steps to secure funds for your injured child. 

How Can I File a Claim on Behalf of My Child?

Because minors do not have the legal standing to file a lawsuit or insurance claim on their own behalves, you will need to do it for them. There are a few special rules when it comes to settling an injured child’s claim in Texas. Like in most car accidents, your lawyer’s first attempt at resolving the claim will involve negotiating with the responsible party’s insurance company. However, a minor cannot agree to a settlement - in most cases, a court will need to approve any offered settlement. 

To go to court, your child may need a guardian ad litem and/or an attorney ad litem, whose roles will involve ensuring that the child’s best interests are being served. Some costs associated with car accidents are recoverable by the child through their guardian ad litem, while other costs are recoverable by the parents. 

Who Recovers Which Costs?

Costs recoverable by the child depend on the nature and extent of the injuries. If your child was disabled by the accident and will never be able to work and support themselves, then they could recover lost future income. If they were scarred, for disfigurement. For almost all injuries, children can recover for their pain and suffering. These funds are placed in an account that the child will typically not be able to access until they are an adult. 

However, because parents, rather than children, are on the hook for medical bills, a parent may recover these costs. Parents can be compensated for the cost of their injured child’s care directly, including things like medical equipment, home health aids, and physical therapy. These funds can be accessed by the parent immediately. 

Speak With a Texas Child’s Claims Attorney

James Kennedy, P.L.L.C. is skilled at representing children who have been injured in a car accident. Our experienced and compassionate Van Horn child’s claims lawyers will fight to recover the most possible compensation for you and your child. Call 915-544-5200 for a free consultation. 

Source: 

https://www.justex.net/courts/civil/CourtSection.aspx?crt=8&sid=53