Maison Law supports victims of car accidents involving children in San Luis Obispo. There is nothing more important than our children and it is devastating when any of them are involved in a car accident. If you or a loved one has suffered a car accident involving your children, the car accident attorneys at Maison Law can help. Contact us for a free consultation and to see what options are available.
Do I Need a Lawyer for an Accident Involving My Children?
When it comes to being injured in an accident with children, it is advisable to reach out to an experienced car accident attorney. You may feel fine after an accident, but children are far more susceptible to serious and long-term injuries. For a child, car accidents can be traumatic and the negative mental effects may not manifest themselves until years later.
For these reasons, it is critical to get fair compensation for yourself and especially your kids. In California, a child cannot file a personal injury claim for themselves until they are 18 years old. This means, as an adult, it is up to you to make sure your child is fully compensated if they’ve been injured in a car accident.
A child can receive compensation for the following:
- Medical expenses
- Rehabilitation costs
- Transportation
- Reduced quality of life
- Pain and suffering
What is a Minor’s Compromise?
A Minor’s Compromise is a common practice in California when representing a minor in a personal injury lawsuit. It is when an adult executes a settlement agreement on a minor’s behalf. Since people under 18 are not allowed to enter into contracts, an adult can act on their behalf and ensure their rights are protected.
The minor injury claim process is overseen by California Probate Code Sections 2504.9, 3500.91, 3600.92, and California Code of Civil Procedure Section 372.93 for these reasons:
- To appoint a guardian
- To provide access to the settlement amount
- To ensure that all money is received by the time the minor has reached adulthood
- To ensure a fair settlement for the minor
If your child has been injured in a car accident, don’t rely on the insurance to company to give you a fair settlement. Contact our accident attorneys at Maison Law to get the maximum compensation for your case. Call today for a free consultation and case evaluation.
What is the Typical Compensation for an Accident Involving Children?
When it comes to a car accident involving your child, it is difficult to determine the exact amount you will be compensated. However, the more severe the injuries you and your child sustained, the higher the settlement amount tends to be.
When it comes to a child’s compensation, it involves a more forward-looking approach, depending on how far they are from adulthood. A child’s personal injury compensation needs to address:
- Present and future medical expenses
- Ongoing care
- Potential loss of earnings going into adulthood
- Psychological therapy to cope with a life-altering accident
- Pain and suffering
FAQs
Q: Can I gain access to my child’s settlement?
A: In California, parents are usually blocked from accessing settlement amounts above $5000. However, the parent can petition for access to the money and are usually only granted permission if the money is going to be used in the best interest of the child.
Q: When is it too late to file a personal injury lawsuit on behalf of my child?
A: The statute of limitations for personal injuries in California is two years from the day of the injury. In the case of a child, that statute does not begin until they turn 18 years old, then they will have two years to file a personal injury lawsuit.
Q: What should I do if I am contacted by the at-fault driver’s insurance?
A: Only give basic information Decline to participate in a recorded statement. They will try to get you to say something to justify a denied insurance claim.
Contact a Failure to Stop Accident Lawyer in San Luis Obispo
If you and your child have been injured in a car accident in San Luis Obispo, you have a right to seek damages for yourself and your child. At Maison Law, we understand how difficult it can be to watch your child’s life be negatively affected by a car accident. It isn’t fair. But we can help you and your child get compensated for everything you’re going through. Contact the experienced accident attorneys at Maison Law for a free, no-risk consultation and case evaluation. No upfront money is required and we don’t get paid until we win your case.
