If My Child Was Hit By a Car, Can I Sue the Driver?

 Posted on May 08,2024 in Car Accident

If your child was hit by a car, there may have been catastrophic consequences. Injury to your child can follow her for the rest of her life, and it can be difficult to determine the long-lasting impact of your child’s injuries while she is still young.

When your child is hit by a car, she, as a minor, cannot pursue a lawsuit herself. However, you may be able to sue the driver responsible to pursue compensation on her behalf. An experienced Colorado child’s injury lawyer can help you navigate this process.

Pursuing a Claim on Behalf of Your Child

Your child cannot file a claim for her injuries in court, as she is not an adult. This means that you will need to pursue a claim on her behalf if you wish to recover compensation and hold the driver accountable. To pursue legal action in a case like this, a parent will be appointed as a legal representative.

When you think about pursuing a claim, note that the statute of limitations for a personal injury claim after a car accident in Colorado is three years from the date of the accident. When a minor is injured, this statute of limitations does not apply until she or he turns 18.

This means that you have three years after your child turns 18 to file your claim, though sooner can be better than later depending on the circumstances. However, every case is different and you should consult a lawyer as soon as possible. Once your child turns 18 and becomes an adult, he or she may choose to pursue a claim as an adult if you do not.

What Kind of Compensation Can I Recover?

In Colorado, the law allows for a few different types of compensation in a personal injury claim: economic damages, non-economic damages, and punitive damages. You may be able to recover all three types of compensation in your claim depending on the circumstances of your case.

Economic damages refer to things like medical expenses, recovery and rehabilitation facilities, and lost wages, if your child is a working minor or their injuries are permanent.

Non-economic damages are meant to cover less tangible items, and these refer to things like emotional trauma, pain and suffering, impairment and disfigurement.

Punitive damages are relatively rare in Colorado, and they are also called exemplary damages. This type of damage is typically given out as a punishment when the responsible party acts in a particularly careless or outrageous way.

Contact a Fort Collins, CO Child’s Injury Attorney

After your child is hit by a car, the first thing to do is seek medical attention. As soon as possible after the accident, contact a skilled Larimer County, CO child’s injury lawyer to pursue a claim against the driver on your child’s behalf.

At Hoggatt Law Office, P.C., Attorney Hoggatt is a member of the Colorado Trial Lawyers Association, and he, along with other skilled attorneys at the firm, aggressively fights for his injured client’s rights.

Call 970-225-2190 for a free consultation.