Seeking Compensation When a Child Suffers Lasting Harm in a Car Accident

 Posted on August 17, 2022 in Car Accident

While children are young and still developing, the impact of being hit by a car or involved in a motor vehicle accident can have a lasting impact. When an adult who is already settled in a career is badly or permanently injured, it is fairly easy to quantify damages like lost wages and lost future earnings. It can be harder to quantify the harm done to a child whose future is yet unknown. 

Yet children are just as entitled as adults to receive full and complete compensation for the harm that another party has carelessly caused to them. If your child has suffered a lasting injury caused by a negligent driver, our attorneys can help you fight to receive the compensation your child needs. 

How to File a Claim for a Child

Children cannot file a lawsuit on their own behalf. A legal representative will need to be appointed to handle the child’s claim. This is usually the child’s parent or another responsible adult in the child’s life.  If the responsible party offers an acceptable settlement on behalf of the child, it will likely need to be approved by a court before it is finalized. 

While the statute of limitations can be extended when a case involves an injured minor, it is better to file as soon as possible. While a child could choose to file on their own behalf once they turn 18 years old, this approach comes with a lot of pitfalls - particularly the fact that quite a lot of evidence will likely be lost in this amount of time. 

Types of Compensation an Injured Child Can Receive

Since children are not liable for their medical bills and other immediate care costs, those expenses will be paid out to the person who is liable, such as a parent or guardian. Other funds that are meant to compensate the child directly, such as compensation for emotional trauma other than counseling costs, can be placed in a trust for the child to access when they reach adulthood. 

If your child was permanently injured to the degree that their future earning capacity as an adult will be affected or they will need lifelong care, then a large part of the lawsuit may involve trying to quantify the damages. While no amount of money can undo the accident and give your child the future they deserve, it can stop them from facing economic hardship as a result. 

Call a Larimer County Child’s Injury Attorney

Hoggatt Law Office, P.C. will fight for your child to receive the highest possible award or settlement. Our compassionate Ft. Collins child’s injury lawyers will do everything possible to make sure your child’s future is protected as much as possible from lasting harm. Call 970-225-2190 for a free consultation. 

Source: 

https://www.courts.state.co.us/Courts/Education/Youth/Laws.cfm