Managing a Personal Injury Claim for a Child

Watching your child endure pain is heartbreaking. This is especially the case when there is nothing you can do to ease the pain they are suffering from. If your child has been injured do to the negligence of another person you will surely want to seek compensation for the damages both you and your child have suffered. Personal injuries can cause significant damage, for a child, their quality of life may be impacted in a substantial way. If your child was in an accident, you will want to ensure that the responsible party pays for the damage they have caused. A personal injury attorney can help you through this process in an efficient manner.

Does the Process Differ When a Child is involved?

Although the legal process for a child is fairly similar to that of an adult, there are a few nuances that parents should be aware of. It is common for a child’s parent or guardian to file a personal injury claim on behalf of their child. This is because; minors cannot file a personal injury claim on their own. An award obtained through a settlement or lawsuit can be put into a trust that your child can access when they reach the age of 18. If your child’s injury resulted in medical expenses, it’s likely you were the person responsible for covering those expenses. Because of this, you may also be entitled to compensation for the medical expenses you incurred.  Some damages a child may be entitled to include:

  • Future lost wages (if they acquired a disability and their ability to gain employment could be impacted)
  • Medical Expenses (both past and future)
  • Miscellaneous expenses (the cost of changes in plans that were impacted or the cost to retrofit your home to accommodate a disability)
  • Pain and Suffering
  • Punitive Damages

You will want to collect what is owed to your child for the injury they have suffered from. An attorney can be beneficial in helping you advocate for the compensation your child is entitled to.

Proving the Child’s Personal Injury Claim

If you were not present at the time the incident occurred, chances are you are wondering how you will gather the appropriate evidence. Regardless of whether you were an eyewitness to the injury, you can still collect the appropriate evidence to prove your child’s personal injury claim. Your personal injury attorney will help you gather the information required for the claim. The following are common pieces of evidence utilized to prove personal injury claims for children:

  • If there were police present at the scene, a police report will provide important details to the accident.
  • If the accident occurred on someone else’s property, acquire a copy of the accident report.
  • Although your child is not entitled to collecting lost wages, they may be entitled to compensation for future lost wages. This is especially the case if they obtained a disability that will impact their ability to work in the future. Proof from a doctor outlining the disability will be an important piece of evidence.
  • Medical records, including bills to prove the expenses you incurred from the accident.
  • A list of eyewitnesses who were present at the time of the accident

It can feel overwhelming to gather this level of evidence, especially when caring for an injured child. A personal injury lawyer Harrisonburg VA residents trust can help you to gather the necessary information to prove your case.

Contact a personal injury attorney before times runs out. The sooner you take action, the sooner you and your family can move forward from your child’s injury.  



Thank you to our contributors at the law office of MartinWren, P.C. for the above information.