Can I Bring a Personal Injury Claim on Behalf of a Child in California?
In California, you have a right to file a personal injury claim on your child’s behalf if your child was injured because of someone else’s negligent actions.
Children under the age of 18 are not legally allowed to file a lawsuit without parental consent. This means that, as a parent, it is your responsibility to ensure that your child is fairly compensated for the harm others have caused to him or her.
Parents or Guardians Only
In most cases, you cannot file a personal injury claim on behalf of someone else’s child, even if that child is a close family relation to you. Under California law, you need to be either the child’s parent or legal guardian.
The Minor’s Compromise
If you work with a lawyer as you pursue personal injury compensation on behalf of your child, the case is likely to settle before going to court. If you agree with the terms of the settlement, that’s a good thing. If not, we won’t hesitate to take the case to court to get your child what he or she is truly owed.
If the case does settle, a judge will have to review the terms laid out in the settlement and determine whether the settlement is in the child’s best interest, according to California law. This proceeding is called a minor’s compromise approval.
A child can receive compensation for injuries and other damages. This could involve following:
- Medical expenses
- Rehabilitation costs
- Pain and suffering
- Reduced quality of life
A qualified personal injury attorney may also be able to win compensation to account for your expenses as you have tended to your child’s injuries. This might include lost wages due to missed time at work.
Speak with an Injury Attorney
To discuss your child’s case in further detail and find out what your options are, call us at 844-404-2400 or complete the form below. The attorneys at Kohan & Bablove, LLP would be happy to answer your questions.