Making a Claim on Behalf of Your Injured Child

As parents, any accident which happens to our child causes us great concern. We do not only get upset when our children are injured, but we know that injuries attained at a young age can have critical effects to a child’s future physical and emotional development. As normal as accidents or injuries during childhood, it becomes a completely different story when someone else caused your child’s accident. When children are involved in accidents due to another party’s negligence, it can definitely be difficult for parents to keep their calm and avoid getting angry.

First Step

The first action that parents would take is to get medical treatment for their injured child immediately. Although this step is the right one to take, if you believe that somebody’s negligence caused your child’s injuries, it can be in your child’s best interests to contact a personal injury lawyer before any evidence of liability can be altered or removed. You do not want to lose your right for a compensation claim just because you failed to prove that the injuries attained are caused by someone else’s negligence.

Claiming Compensation for Children

Parents are sometimes unsure whether or not they are allowed to make personal injury compensation claims on behalf of their injured children. If the injury is caused by someone else’s negligence, then parents may be entitled to make a compensation claim on their behalf.

As the parent or guardian of an injured child, you can make a claim on their behalf as soon as the accident has happened up until the child reaches 18 years old. Once an injured child turns 18, they have 2 years in which they can make the compensation claim themselves if their parents or guardians have not already done so.

A parent or guardian making the claim on behalf of an injured minor is referred to as their ‘litigation friend’. The litigation friend takes on all responsibilities that may be related to the claim. They are the ones who make decisions on the child’s behalf and they generally protect the child’s interest all throughout the litigation process. The litigation friend has to be independent. If the accident was due to the parent or guardian’s negligence, then they cannot act as the litigation friend.

If your child, or if you are under the age of 21, is in need of a personal injury lawyer who can guide you through the whole process, contact our office today at 1.855.905.9222. We make sure that you are given all the details and information needed regarding your legal case.