When
your child is injured, your first reaction is to seek the best
possible care and treatment for their injuries. Yet when the medical
bills arrive, your thoughts might turn to negligence and the
potential for receiving compensation for medical costs, pain and
suffering, and lost future enjoyment of life on your child's behalf.
If
someone else's mistake caused your child's injury, even by accident,
then you may have a claim for compensation. Personal injury claims
involving injured children are complex, so you need to know the facts
before beginning the legal process.
Making
a Claim on Behalf of Another
As
one of the parents of an injured child, you have a legal right to
pursue a personal injury claim in their name and on their behalf.
Either parent can initiate the process on his or her own in most
states. Legal guardians are also included within this category.
However,
you cannot personally benefit from the financial compensation awarded
for the injury. The court requires that the money be only for their
care and needs, even if a parent is involved in the process of making
the claim.
Seeking
Court Approval for Settlements
Most
people settle personal injury cases out of court with a simple
agreement and payment situation between the negligent party and the
injured person. However, when a child or minor is the injured party,
state laws stipulate that the case must go to court regardless.
Hashing out a settlement agreement in court allows the judge to
verify the agreement is in the best interest of the child.
Considering
Emotional Injuries
Many
parents base their child's personal injury claim on medical bills
alone. However, many children develop anxiety or post traumatic
stress disorder after experiencing a serious or life-threatening
injury at a young age.
Do
not forget to add in the emotional impact of the event when planning
your personal injury claim for your child. They may need ongoing
counseling, therapy, or even courses of medication to completely
recover from the psychological repercussions of a serious injury.
Your
child will likely need to see a therapist or psychiatrist for an
analysis before you add this kind of addition to a personal injury
claim. Your lawyer can help you determine how to best document
emotional and psychological impact for the case.
Keeping
the Resulting Funds in a Trust
Since
the court system is compelled to ensure the child receives the
benefit of any financial compensation for personal injury, any money
awarded as part of a settlement or judgment goes into a trust fund in
the child's name.
The
law generally names parents as the executors of the trust so they can
apply some of the fund to ongoing medical costs and other needs of
the child as they recover from their injury. However, other uses of
the fund before the child turns 18 will likely require a judge's
approval.
Estimating
Future Effects of Injuries
For
an adult to estimate how much income they will lose from a disabling
or life-changing injury is often easier than a child is. Since a
child does not have an established income or other information
available for basing a claim amount, you will need a lawyer's help in
estimating the right amount.
Prepare
to take your child's injury case to court by contacting us here at
the Law
Offices of David A. Helfand, P.A.
We
will guide you through the personal injury claim process and make
sure your child has the best chance at winning their claim or
receiving a fair settlement offer. We understand how concerned you
are about your child's injury, so please let us help you today.
