Can I File A Personal Injury Lawsuit For My Child?

personal injury lawyer for minors

Our Personal Injury Attorneys are on Your Side

Nobody wants to deal with the stress and strife of an accidental injury; but what if it happens to your child? If you are the parent or guardian of a minor, it will fall on you to file a personal injury claim or lawsuit on their behalf. When dealing with the best interest of a minor who has been injured, it can get a bit complicated, so be sure to consult with a Bay Area personal injury attorney first.

Can you file a personal injury lawsuit for your child? Here’s what you need to know:

Your child will need a representative in court

Since a child typically cannot advocate or represent themselves, the court will appoint someone to look out for the child’s best interests called a guardian ad litem (GAL). In many instances, the court will appoint a parent or family member for this role, though sometimes it will be someone unknown to the child.

You may have to prove negligence

Usually, the underlying goal of a lawsuit is to recoup losses and compensation for harm caused by someone else’s negligence. The discovery process aims to determine who is negligent and how the negligence occurred.

Don’t let the statute of limitations expire

In California, the statute of limitations is typically two years from the date of your accident. However, for children, this time-line is extended to two years past their 18th birthday. Don’t let the statute expire before taking legal action if your child has been injured due to someone’s negligence; contact a personal injury lawyer in San Jose today.

Was reasonable care taken to keep others safe?

Make sure that you know the laws related to injuries sustained on another person’s property in your state. For instance, the property owner must make reasonable accommodations to ensure others’ safety in California, which also relates to foreseeing potential hazards that put children at risk. The best way to identify if you- or your child- has a case is to speak with an attorney.

Contact a San Jose Personal Injury Lawyer Today

A San Jose personal injury attorney may be able to settle on your behalf. Many times, personal injury claims can be settled before court. The courts will review the settlement offer to ensure it is fair and in the best interest of your child. A good lawyer will be able to negotiate and keep your case from being dragged-out in the courts.

Has your child been injured in an accident? Contact our San Jose lawyers at Farling, Hecht & Davis, LLP to make sure the interests of your child are being taken care of. Our team will help you and your child the compensation you deserve.