Whether you are involved in a car accident with your child inside of the vehicle or you have a teenager under the age of eighteen who was involved in an accident while driving, the law protects children in cases where injuries have occurred. Since a minor cannot represent themselves in court, it's important to understand how this type of accident claim works. Here is some important information all parents need to know about handling an injury claim involving a child.
Representation
Since anyone under the age of eighteen cannot present their case to the court on their own, the parent will need to file the claim on their child's behalf. In addition, parents are responsible for handling the details of their child's situation and for giving their attorney all of the pertinent information needed to present the case. This includes any medical bills and doctor's notes to help prove the child's injuries were a result of the accident. If the parents were injured in the same accident, two separate claims must be filed. Be prepared to go to court for two separate cases if you and your child were both injured in the same accident.
Getting Compensation
Since parents are responsible for their children's medical care, they will request compensation for all of the costs incurred as a result of the accident in this aspect. However, monetary settlements and payments for children regarding pain and suffering, trauma, and ongoing medical conditions as a result of the accident will be made directly to the child. The parent will be assigned as the guardian of the child's best interest in the case, but it may also be an aunt, uncle, or grandparent if the situation requires it. As long as there is an adult available to serve as a representative guardian for the injured child, the victim can request compensation even if they are still a minor.
Going Before The Judge
Just like any other legal proceeding, witnesses to an accident, include the injured child, will need to speak at the hearing. While going to court can be scary for children, it's important that they are able to present an accurate account of what happened during the trial. Have your child write down what they remember from the accident as clearly as possible, and help them go over everything a few times out loud before the court date. Your attorney and the judge will try to make this process as easy and comfortable as possible so that you and your child can move on and work towards a better life after the car accident.
To read more, visit the website of a car accident attorney in your area.
Share9 March 2016
People with an eye for property can make a great deal of money buying a house, fixing it up and then selling it for a profit. However, there are many legal issues involved in this kind of pursuit. I am an attorney with experience in real estate, and I have helped many clients learn the legal details involved in flipping property. This blog will help you understand what you need to know when you are buying and selling a home as well as information about paying taxes on money made and property owned. Flipping houses can be a very profitable activity as long as you know how to do it legally.
