Can I File a Personal Injury Claim on Behalf of My Child?
When you’re injured because of someone’s negligence, you can take solace in the fact that you can file a claim for the damages you’ve suffered. You’ll likely need the help of an attorney, but you’ll have the chance to fight back and get the compensation you need. But, what about minors?
When your child is injured, you might be wondering, “Can I file a personal injury claim on behalf of my child?” Although children aren’t allowed to file on their own, they can be represented for a personal injury claim. With the help of a lawyer from Colley Firm, PC, your child can seek the compensation they deserve for the injuries they’ve suffered.
Minors Can’t File Alone
When a child is younger than eighteen, they don’t have the same legal rights as an adult. Even so, they should receive compensation for the injuries they’ve suffered when another person is careless with their safety. Your child will need an adult to act as their guardian and legal counsel. This is typically a combination of a parent and a personal injury lawyer to guide the family through the claim.
Your child will also not receive their compensation right away, but neither will you. In most cases, the child’s compensation will be deposited into a fund that they’re unable to access until turning eighteen. Some accounts won’t be accessible until the child is in their thirties or forties. This ensures that the funds are protected from irresponsible or improper use.
Texas Laws Affecting Your Child’s Claim
When your child needs to file a personal injury claim, pay attention to laws that might affect that claim. For example, a personal injury claim in Texas must be filed within two years of the injury or date of the diagnosis. If you miss that deadline, your child could be unable to recover damages.
Depending on their age, your child’s part in the accident could also matter. Although younger children aren’t typically held accountable for their actions, if your child is close to eighteen—especially if they’re old enough to drive—you might have to worry about negligence laws affecting their claim.
For example, let’s say your child was involved in a car accident, but they were partially responsible for it. Their compensation could be reduced by the percentage of fault they’re deemed responsible for. If that amount is 51 percent or more, they could be barred from recovering any compensation. An experienced personal injury lawyer can help you understand which laws can affect your child’s claim.
Get Legal Guidance for Your Child
When your child is injured, they should receive compensation for their injuries, but as minors, they can’t file claims on their own. Can you file a personal injury claim on behalf of your child? Yes, but it’s important to have a lawyer’s guidance throughout the claims process.
The laws you’ll need to focus on might change, depending on your child’s age, and you’ll need someone who can help you decide what happens to your child’s settlement and when they can receive it. Fortunately, a lawyer from Colley Firm, PC can help you fight for your child’s compensation.
Take advantage of our free consultations by calling 1-877-411-2001 or by filling out the online form below.