Filing a Personal Injury Claim for a Minor

Parents know that accidents and injuries can happen in childhood. The reality is that not all accidents are as serious as others and some may have long-lasting consequences for the child involved. Examples of common injuries include animal bites, road accidents, slips and falls, and other types of accidents. California guardians and parents should be alert to the unique complications involved in a personal injury case involving a minor plaintiff.

Consideration #1: Minors can’t file a claim by themselves

Parents will be required to lead a personal injury case for a minor to file. This is a good idea from both a legal and liability perspective, but it can make it difficult for minors to understand what they are expected to do in a lawsuit. Sometimes, cooperation may not be possible. There is more communication required throughout the process, which can lead to more miscommunications or missteps. It is a good idea to discuss these potential pitfalls early on.

Consideration #2: Minors might feel strongly about the outcome of a case

A serious injury can make anyone feel angry and helpless. This may be more evident in minors. This may be due to their maturity and age, as well as the difficulty in feeling like the process is theirs. Due to their emotions about the subject, they may be more likely to lie or conceal the truth. Clear and timely communication is crucial to resolve this potential issue.

Consideration #3: In determining liability, parental negligence could be taken into account

The determination of liability is an important step in a personal injury case. The parent’s responsibility for protecting the minor will be considered when a child is hurt. This is especially true if a minor makes a mistake that leads to injury.

It is essential to have a legal strategy that takes all of the above into account. Personal injury cases can be very emotional. The results can have a huge impact on one’s life, particularly if they are young people with a lot to do. A California lawyer can help you with these cases, regardless of whether it is against an insurance company or another defendant.

This article was written by Alla Tenina. Alla is the best bankruptcy attorney Los Angeles California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.