Child Injury Law
Although specifics vary by state, in general, minors under age 18 are entitled to compensation, in the same amounts as adults suffering similar injuries or disabilities, for injury and permanent disability due to an accident caused by others. However, because minors cannot negotiate claims, parents and legal guardians are legally allowed to file claims on behalf of their minor children. Some states require parents to file a form with the court before a settlement can be finalized. The form is usually short and straightforward and is available from the court clerk.
If Your Child Caused the Accident
The court measures liability for accidents caused by children using the same concepts of care and negligence as those used for accidents caused by adults. However, children, especially young children, are not held to the “reasonable man,” “reasonable woman,” or “reasonable person” standard that applies to adults. Instead, liability is measured according to “reasonable children” of a similar age group. However, there is one important exception: Teenagers who cause accidents while driving vehicles are held to the same standard of care as adults.
Compensation for accidents caused by minors involving vehicles may be achieved through the parents’ insurance policy if the car is owned by the parent. If the minor is named on the title of the car but has no insurance, the parent may also be liable.
If your child was involved in an accident, either as the victim or as the person who caused the accident, don’t delay.
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