When a child is injured in a car accident, the parents may wonder what laws are in place to protect the child’s legal rights.
If your child’s injuries are a result of someone else’s negligence, the at-fault driver should be held responsible. However, an injured child cannot legally sue an at-fault driver for personal injuries. This does not mean there is no legal recourse; the parents of the child can claim compensation for the child’s injuries.
Collecting Damages for Personal Injuries
When a child is injured in a car accident caused by someone else’s negligence, the child has the right to compensation, including pain and suffering. The child has the right to collect damages and the parents have the right to receive compensation for medical bills and lost wages associated with the child’s injuries.
Because a child cannot negotiate a settlement on his or her own, the parents or legal guardians are allowed to negotiate on behalf on the child. In order to reach a settlement, the parents may need the approval of a judge for the settlement amount. A Houston child car accident attorney can file a form and submit it to the court for authorization.
Injuries Caused by Another Child
If the child’s injuries are caused by another child, the negligence and carelessness notions are similar to that of an adult who causes injury. However, the standard of care used to establish negligence is different, because a child’s expectation of responsibility is not the same as that of an adult.
A teen driver, if held liable for causing injuries to a child, will most likely not have much money of their own, so the teenager’s parents will be named in the lawsuit for compensation. However, determining if a parent is legally responsible for the action of a minor can be complex. Consult with RJ Alexander Law, PLLC for legal guidance.
Was Your Child Injured in a Car Accident?
If your child was injured in a car accident by a negligent adult or teenager, you may have a claim. Because of the complexities surrounding such cases, it is in your best interest to speak with a Houston car crash attorney. Call RJ Alexander Law, PLLC at (832) 458-1756 for a case evaluation.