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Legal Rights Of A Child Injured In A Car Accident

Updated on: 11/13/2019

Minor children can recover financial compensation for injuries from an automobile accident.

child injury lawyer

If you have a child who is injured in an accident in the Seattle area, you may turn to a car accident lawyer with questions about your legal rights and the next steps to take for handling the child's injury claim.

Children and minors under the age of 18 who are injured in a car accident have the legal right to be compensated for their injuries, damages, and other losses just like adults do. However, there are a few nuances to the personal injury claims process when it comes to injured children that are important to understand, especially if the child has suffered significant bodily injury from a collision. 

Two Unique Factors In Child Car Accident Claims

First, almost all child personal injury claims will involve a parent or guardian serving as the personal representative (PR) for the child's case. A minor cannot hire an attorney or file/pursue an injury claim on his or her own, and so a trusted adult must be appointed to handle the claim on the child's behalf. 

Secondly, the statute of limitations - which sets a strict time limit on the amount of time that a person has before their personal injury claim is forever barred - is different for children. When an adult is injured in a car accident, they will usually have three years from the date of the accident to file a claim.

For children, the statute of limitations is tolled, meaning that the three-year window does not come into effect until the child turns 18 years old. This can be beneficial because it can sometimes take longer for serious and long-term injuries to be diagnosed in children, and they can also take longer to recover from their injuries.

How Hiring A Car Accident Lawyer Can Help

These are just two of the many legal issues that can sometimes complicate the injury claims process for children who have been injured in a car accident. Since each case is unique, the other legal factors that may affect the outcome of a case depend upon the circumstances and details surrounding the collision. It 

If you are the parent of a child who has been injured in an accident, it may be in your best interests to at least consult with a personal injury attorney who has experience representing injured children. Davis Law Group offers a free case analysis to parents of injured children, so there is no obligation to hire us if you simply wish to learn more about your legal rights and options.

And our award-winning personal injury attorneys work on a contingency fee basis, which means there are no up-front costs if you do decide to hire us and you owe nothing until your case is successfully resolved. 

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