Getting in a car accident anywhere in the San Diego area can be a scary situation. It can be even more so if that car accident involves your child. Whether your child is the passenger in a car at the time of the accident, or a new driver, navigating the insurance and legal system as a parent can be tough. You of course want what is best for your child, but without knowing the laws and rules regarding settlement for a child’s car accident injuries, it can feel like a difficult situation.
Whenever you or your child is involved in a car accident that results in injuries, it is always a good idea to consult with a personal injury lawyer. Not only will you get solid advice from someone who has helped with many car accident cases, but you can also feel more relaxed knowing that you don’t have to do all the work yourself. If you are currently dealing with a San Diego County car accident involving a child, and they received injuries as a result of the accident, there are some important things to know.
What You Should Know About Settlement for a Child’s Car Accident Injuries
For the most part, settlement for a child’s car accident injuries is going to be handled in the same manner as an adult’s settlement. Where those situations differ are in the way the statute of limitations is calculated and the use of a form known as a Minor’s Compromise. In addition, the court will have more involvement with the case.
When there is a San Diego County car accident involving a child, whether as a driver or passenger, the 2-year statute of limitations does not start until the child turns eighteen. This means that any car accident victim who was under eighteen at the time of their accident will have until their twentieth birthday to settle their claim or file a lawsuit. This can be especially helpful if it is uncertain whether or not the child will have long lasting injuries or need continued care for the injuries from their accident. If needed, a San Diego County personal injury attorney can help you set up a life care plan for your child, in order to provide them with the medical care they will require.
A minors compromise document comes into play as a petition filed with the court to protect the child’s financial interest. A parent or guardian ad litem has the right to compromise a minor’s claim. A disputed claim for a minor or person with a disability occurs when an adult signs on behalf of a child or person with a disability to compromise or settle a claim so that money can be received. The law doesn’t allow a minor or person with a disability to sign to compromise their own claim without the benefit of an adult guardian.
As with any car accident injury, the primary concern should be on healing and getting back to the level of wellness your child experienced prior to his or her accident. Should you need assistance with a San Diego County car accident involving a child, or if you were the victim of a car accident when you were a minor and are still within the window of eighteen to before your twentieth birthday, please call Paul Batta for a completely free, no-obligation consultation. Paul will discuss your case with you and let you know if he can assist you with getting the settlement you deserve. Should you decide to move forward with a case, Paul will work with you on contingency, meaning he will only get paid when you do.
Please feel free to call Paul today to discuss how he can help you get your settlement for a child’s car accident injuries. (619) 623-4321