We want the best for our children and when they are injured in an accident or attack, filing a personal injury claim on behalf of the child is critical. It is hard to imagine your child in such a situation. No one should have their childhood marred by trauma, and yet it happens to thousands of kids daily. Here are a few things you should be aware of when filing a personal injury claim for your child.
Keep Excellent Records
When your child has been injured, he or she is your focus and all else may fall by the wayside; however, you will need accurate and complete records when you file a personal injury claim. Therefore it is crucial to document everything as it pertains to your child’s recovery.
In addition to medical expenses, you will want to keep track of expenses incurred as a result of the injury. Include mileage to and from appointments, expenses like food and lodging if you have to stay near the hospital or rehab center, and other costs that may be pertinent.
Compensation for Pain and Suffering
Part of the personal injury claim will include compensation for pain and suffering. This can be documented by keeping a diary or journal of your child’s journey during recovery. Documenting what happens during doctor visits, how your child is feeling, how you and the rest of the family are feeling about the injuries, how our lives are changing; write down the facts of the matter and keep track of everything.
The Minor’s Compromise
The court must approve any personal injury settlement made on behalf of a minor. Either the parents or the child’s attorney must file a “Minor’s Compromise.” It is a petition to approve a compromise of a disputed claim or pending action by a minor. This requirement ensures several things including adequate compensation for injuries, reasonable attorney’s fees and costs and proper handling of the settlement.
Children do have a right for compensation and parents have a right to compensation for their child’s medical expenses. When a personal injury claim is filed for a child, the courts automatically make adjustments to protect the child’s interests. These protections are necessary to prevent people from taking advantage of the minor’s circumstances. The regulations regarding personal injury law as it relates to minors can be quite complicated.
Seek Experienced Legal Assistance Filing a personal injury claim on behalf of your child is important, and at the same time, it can get complicated. It is in your child’s best interest to seek qualified, experienced legal assistance to provide for the best outcome for your child.
The Maison Law Office has experience in personal injury law and offers compassionate, caring legal services with integrity and honesty. Schedule an appointment with us by calling 559-203-3333 or reach us via email at martin@maisonlaw.com. We serve the communities of Visalia, Merced, Bakersfield, and Fresno.
