Can my child file a personal injury lawsuit if they were hit by a car?
Children under the age of 18 are not permitted to file a personal injury lawsuit against a negligent party who caused them to sustain injuries in an accident. However, the child’s parent or guardian can file suit on behalf of the child and fight for damages they deserve. What damages are a child able to collect compensation for? A child who was injured in an accident might be entitled to collect compensation for:
- Pain and suffering- If the injuries they sustained caused them to suffer from chronic pain, this is something that will be taken into consideration when determining how much this damage is worth.
- Medical expenses (Those in which the child’s parent was required to pay out)- If your child was required to seek medical attention and still is because of their injuries, this too will be something to demand compensation for.
- Mental anguish- Children under the age of 18 are still developing and learning. Because the accident may have been traumatic or emotionally overwhelming for them, it could affect them for a long period of time. For instance, if your child was hit while riding their bike, they may have flashbacks to when they were hurt when seeing someone else riding a bicycle.
- Disfigurement or disability- If the accident caused disfigurement or a permanent disability, this can have a dramatic effect on the child’s life. It is very important that this is taken into consideration when determining an amount of this particular damage.
It’s unfortunate when a child goes through any sort of traumatic event and are forced to continue on with the mental anguish and even the physical injuries the accident caused them to suffer from. That is why our Tracy, CA accident lawyers featured on USAttorneys.com are available to help you and your family seek justice and collect compensation that can help you through these tough times. Medical treatment, surgeries, and therapy are costly expenses and you shouldn’t have to pay for these necessary treatments out of your own pocket.
If your child was injured in automobile accident, hurt in a bus accident, or was hit by a vehicle while walking, our accident lawyers in Tracy, California want to help you file your personal injury lawsuit.
What affects whether my child will be awarded for his or her injuries?
In the state of California, if a child is said to have been trespassing on the premises belonging to someone else and they got hurt, the parent filing the lawsuit on their behalf might have a difficult time collecting compensation. It all comes down to your child’s age. If they were under the age of 6, then they cannot be held responsible for their actions which means they cannot be presumed to be negligent. If they are older than 6 and they trespassed onto someone else’s property and engaged in an accident, their age determines how much of the responsibility they share for their injuries.
As a parent, it is rather difficult to see your child go through such a horrific experience. We also understand that going through the necessary legal process to obtain justice is also a lot to take on. That is why USAttorneys.com is here to help you. We work closely with some of the top accident and injury lawyers in the city of Tracy, CA who are willing to provide you and your family with the support and legal representation you deserve. Give us a call now as our agents are available to speak with you.