How do you file a car accident claim for your child who has been injured?
Car accidents injure both adults and children. In case a minor is injured in a car accident, the claim process becomes a little complicated, because the claim is filed by the parent on the child’s behalf. Quite often, a judicial proceeding is unnecessary when a claim is filed for injuries incurred by a child involved in a car accident. Normally, compensation for injuries sustained by a minor is settled through an out-of-court settlement. However, there are instances when a lawsuit is filed by the parent on behalf of the minor as the guardian ad litem.
Claiming Compensation for a Minor Involved in a Car Accident
To make a claim, the liability of another driver in a car accident should be established using a police report or other evidence associated with the accident. Medical expenses incurred in treating the injuries of the minor are shouldered by the insurance of the driver. However, the insurance company can try to avoid paying the medical expenses, especially if the minor has to go through considerable medical treatment. The services of an experienced Houston car accident lawyer should be hired to deal with such a situation. The parents may file a lawsuit against the insurance company as guardian ad litem. However, these lawsuits may not develop into a full-blown trial since insurance companies are often open to settlements.
Houston car accident attorneys feel that the legal rights of minors should be safeguarded whenever an insurance company is not willing to pay for the medical expenses. The parents can file a lawsuit against the insurance company as the legal guardian of the minor with help of an experienced lawyer. If the parents are also injured in the accident, another lawsuit can be filed against the same insurance company.
More often than not, out-of-court settlements are offered by these insurance companies. The parent should make sure that all expenses incurred in taking care of the minor are paid for by the insurance company. However, if a full-blown trial results from the lawsuit, all available evidence associated with the accident should be prepared. You will need to provide evidence that the accident occurred, and you will need to provide evidence for all expenses incurred as a result of the accident.
Petition For A Friendly Suit
A “friendly suit” is a document that provides the details of the settlement for the child. This document requires approval from the court since the minor cannot legally sign the settlement. The petition for a friendly suit provides the court with the amount the other party should pay as compensation for the injury. It also includes where the money is held, as well as who is the trustee of the account. In addition to this information, the petition provides the details on the amount of money to be paid to the medical professionals, the parents, and the lawyer. The minor can claim part of the funds when the minor is 18 years old or through a court order. The court can also release funds to the trustee during emergency situations.
If your child has been injured in a car accident and you need legal help in seeking the rightful compensation, call RJ Alexander Law, PLLC at (832) 458-1756.