You may be able to file a personal injury claim if you or your child were injured due to someone else’s negligence. In most instances, the injured party is the one who files a claim. In certain circumstances, however, someone else may submit a claim on their behalf.
For example, if the injured party is a minor, their parent or legal guardian may file the claim. This blog will explain how to file a personal injury claim on behalf of a minor. We will also provide advice on what to do in the event of an accident-related injury.
What Is a Personal Injury Claim?
A personal injury claim is a legal process by which a person injured due to the negligence of another can seek compensation. The compensation may be for both physical and mental injuries. They may also encompass financial losses incurred because of the accident.
For a personal injury claims to be successful, it must be demonstrated that the person who caused the accident was negligent. It indicates that they breached their duty of care, which resulted in the injury.
Can A Minor Make a Personal Injury Claim?
No, a minor can’t file a claim for personal injury. However, a parent or guardian may file the claim on their behalf. This is because minors lack the legal capacity to assert their own claims.
The process for filing a personal injury claims on behalf of a minor is like that for an adult. The primary distinction is that the compensation will be paid to the parent or legal guardian instead of the minor.
How To Make a Personal Injury Claim on A Minor’s Behalf?
Initiate contact with a personal injury claim attorney. They will be able to advise you regarding the validity of your claim. If they believe you have a case, they will be able to assist you in gathering the evidence you need and represent you in court.
The subsequent step is to collect evidence. It may include medical records, witness statements, and accident scene photographs. It is essential to have as much evidence as possible to support your claim.
After gathering all the evidence, you will need to compose a letter of claim. This formal letter is sent to the person who caused the accident, outlining the injuries suffered and the compensation sought.
The final step is to appear in court. It is only necessary if the person who caused the accident refuses to accept responsibility or disagrees with the requested compensation. Usually, the matter can be resolved without a court appearance.
What Are the Benefits Of Making A Personal Injury Claims On A Minor’s Behalf?
Claiming compensation for a minor’s personal injury is the main benefit. It can cover accident-related medical expenses. If the injury prevents the minor from working, it can cover lost wages.
If the injury causes a disability, compensation may cover long-term care. If the injury causes mobility issues, it can help pay for home adaptations.
After an accident, filing a personal injury claim for a minor can bring closure. Knowing they were compensated for their injuries can help the family move on.
A minor’s personal injury claim is a legal procedure by which a person injured due to the negligence of another can seek compensation like the process of claiming by an adult. However, the compensation will be paid to the parent or legal guardian, not the minor.
If you or someone you know has suffered a personal injury, please contact 2H Law Firm at (619) 374-9320. Our experienced attorneys can guide you through the process of filing a claim on behalf of a minor. We will fight for you to receive the appropriate compensation.