It’s a terrible thing when a child is injured in an auto accident. The situation is even worse when an insurance company fails to pay the medical bills. In some situations an accident lawyer may be necessary to bring a personal injury case against the company. Because minors cannot file a lawsuit, a parent must act on their behalf to help them receive compensation. A court must then approve the amount and decide how the money will be spent. Accident lawyers have experience with these matters and can get a settlement offer from the insurance company or pursue a case in court.
After an Auto Accident in Reno
After an auto accident involving a child, it’s important to get a copy of the police report and proof of the accident. An accident lawyer uses this information to establish fault and show the other driver was responsible. This also puts all responsibility to pay bills on the other driver’s insurance. Unfortunately, an insurance company may refuse to pay these bills or more compensation may be required. At this point an attorney may need to file a personal injury case on behalf of the child. In many cases a parent has the ability to sue on behalf of the child with the help of a lawyer.
Suing on Behalf of a Child
Personal injury cases can usually only be made by the person who suffered the injury through no fault of their own. Compensation in these cases is designed to cover pain and suffering, as well as medical costs and the loss of future earnings. A child is unable to legally bring their own claim against a third party, although the law allows a parent or guardian to do so on the child’s behalf. This parent, sometimes known as a litigation friend, must be free of the situation without responsibility for the injury. An accident lawyer can help a parent learn about suing after an auto accident.
Settlement Offers
After a suit is filed against a third party insurance provider, it’s not uncommon for the company to offer a settlement. Most personal injury cases do not go to court because it is easier for the insurance company to offer an out-of-court amount. These settlements also release the company from any further liability. When an offer is received it’s very important to consult with an accident lawyer to make sure the offered amount is enough to cover all medical costs as well as other expenses to care for the injured child.
Minor’s Compromise Petition
The settlement offer for a child’s injuries is often called a minor’s compromise. This paperwork includes all details of the settlement. It must also be approved by the court because a minor does not have the legal ability to sign a settlement. The agreement goes over how much money must be paid to the child and where the money will be kept in a trust fund. It also names a trustee of the account. The papers detail how much money goes toward medical services, to parents for out-of-pocket expenses and to the accident lawyer. Usually, the child can obtain their portion of the settlement at the age of 18.
Although no parent wants to consider what will happen if their child is injured in an accident, it’s important to understand that the law has set up a way for parents to receive compensation on their child’s behalf. When insurance companies refuse to pay all medical costs it is sometimes necessary to file a personal injury case in court to make sure the injured child receives all necessary medical care. Accident attorneys often specialize in cases like this and can help parents and guardians receive a settlement to take care of their child.
Your Personal Injury Attorney Reno,
Steve Hess
