A child’s injury in any sort of car accident needs to be taken care of with utmost importance. In case of children, apart from physical damage we also need to take into account the psychological trauma undergone by him or her.Parents usually take a long time in deciding whether in case of their child being injured, there is a requirement of bringing a legal suit against the guilty party. The fact is that general perception in public deems that a litigation process may not be appropriate for children because of the difficulties and pressures involved in it and filing a case may not be worth it in the end.However this image is not true to a great extent. The courts and law provide special protection to children in litigation. The following article will help parents make an informed choice as to how to proceed when their child has been seriously injured in an accident.
Rights of Children
As far as legal point of view is concerned, same rights exists for children as for adults. They are looked upon in the same light when it comes to recovering compensation for car crash injuries and trauma. They have all the rights of an adult to hold the person responsible for their suffering accountable and collect money based on any present or future medical and attendant care expenses, loss of income and earning capacity and suffering and emotional distress damages.Although the amount that a child can recover for a car crash injury is not limited because of its minor status but any monetary settlement is carefully protected by the court through various methods:
- The attorney or parents of the minor must set up an interest bearing trust account. This account will not be usable until the child turns 18. In case of emergency the attorney has to petition the court for early withdrawal
- If court is concerned about parental neglect, it may instruct that the attorney take the sole responsibility of setting up the trust account. It may also be required that the attorney attests to the fact that account was immediately setup after court’s approval
- Normally courts do not put a cap on attorney’s percentage fee but in case of child injury case, court may severely limit the percentage so the money received by child is maximized. Also as a special consideration, the attorney’s fee may be calculated on the net, after repayment of litigation costs, instead of gross settlement
Getting Legal Help
Proper legal guidance is even more important when children are involved in a car crash incident. A lot of guidance pertains to helping in the finding and subsequently filing for the right amount of claims.
