Seeking Compensation for Your Child’s Car Accident Injuries

In an ideal situation, recovering for your child’s car accident injuries won’t require legal action and the case would be resolved through an out-of-court settlement with a minor’s compromise. However, if this is not possible, you will need to file suit on behalf of your child as a guardian ad litem.

Recovering For a Child’s Car Accident Injuries as Guardian Ad Litem

In many car accident situations, a police report or other proof from the accident will establish fault and the other driver will thus be held responsible for the action. This means his or her insurance company will be paying your bills. However, even if that is the case, if your child is in need of any type of extensive medical treatment, chances are fairly good the insurance company will balk at paying it. This means that, in the majority of situations, you will probably end up at least having to hire a lawyer, if not filing a lawsuit as guardian ad litem. The good news is that filing a lawsuit doesn’t necessarily mean going to court. Insurance companies tend to respond to such filings by offering a settlement. See What Is the Liklihood Your Car Accident Case Will Go to Court? for more.

If the insurance company is not offering to pay your child’s bills, then you need to take steps to protect your child’s legal rights. Working closely with your attorney, you can to file suit on behalf of your daughter as her legal guardian. If you were injured, of course you would sue on your own behalf as well. Most of the time, these lawsuits end in settlement (when the insurance company makes you an out of court offer to release them of any and all further liability). If you are offered a settlement, you should make sure it is enough to reimburse you for any medical and other expenses in caring for your child. Should the case go to trial, you should be prepared to offer any evidence/documentation you have of the accident (and of the other driver’s liability), as well as evidence of the expenses that resulted from it.

A Minor’s Compromise Petition

Typically, in situations where a minor is the one who has been injured, the child’s settlement is detailed with a “minor’s compromise,” that lays out the terms of your child’s settlement. Because a minor is not old enough to sign a settlement, the court must approve it. The minor’s compromise petition tells the court how much money the other party has agreed to give your daughter, where the money will be kept in trust, and who will be the trustee of the account. The petition also details how much money goes to medical providers, to you for out-of-pocket expenses, and to your attorney. Your daughter can retrieve her portion of the money when she reaches the age of 18 or by court order. In an emergency, the trustee can petition the court to release funds.

Hiring an Attorney

This situation is a legally complex one, so if you find yourself dealing with it, an experienced car accident attorney can help.

Case Studies: Seeking Compensation for Your Child’s Car Accident Injuries

Case Study 1: Insurance Company Denial and Legal Action

Emma’s 16-year-old son, Ethan, was involved in a car accident caused by a reckless driver. Ethan suffered significant injuries, requiring surgery and ongoing medical treatment. However, the insurance company representing the at-fault driver denied liability, claiming that Ethan contributed to the accident.

Faced with mounting medical bills and the insurance company’s refusal to pay, Emma sought legal help. She hired an experienced car accident attorney who investigated the case thoroughly. The attorney gathered evidence, including witness statements and expert opinions, to prove the other driver’s negligence.

With a strong case, Emma’s attorney filed a lawsuit on behalf of Ethan. The legal action prompted the insurance company to reassess its position. Recognizing the strength of the evidence, they offered a fair settlement to avoid going to court. Emma and her attorney carefully reviewed the settlement offer and negotiated for additional compensation to cover Ethan’s future medical needs.

Case Study 2: Filing Suit as Guardian Ad Litem

In this case, Mark’s 9-year-old daughter, Lily, sustained severe injuries in a car accident caused by a drunk driver. Lily required extensive medical treatment, including surgeries and rehabilitation. However, the insurance company representing the at-fault driver refused to provide adequate compensation for her medical expenses. Mark consulted with a personal injury attorney who specialized in cases involving children.

The attorney explained the process of filing a lawsuit as Lily’s guardian ad litem. Mark decided to proceed with legal action to protect Lily’s rights and ensure she received the necessary financial support. Throughout the legal proceedings, Mark’s attorney built a compelling case, gathering medical records, expert opinions, and witness testimonies.

The attorney also engaged in negotiations with the insurance company, presenting the strength of their case and advocating for fair compensation. Eventually, the insurance company offered a settlement that covered Lily’s past and future medical expenses, providing Mark with the means to secure her ongoing care and recovery.

Case Study 3: The Minor’s Compromise Process

Sophia’s 7-year-old son, Alex, suffered severe injuries in a car accident caused by a distracted driver. Alex’s injuries necessitated extensive medical treatment, including surgeries and specialized therapies. Sophia sought legal representation to help navigate the complex legal process and ensure her son received the compensation he deserved.

Sophia’s attorney filed a lawsuit and engaged in negotiations with the insurance company. As the case progressed, Sophia’s attorney prepared a minor’s compromise petition, outlining the terms of the settlement. The petition detailed the agreed-upon settlement amount, the establishment of a trust account for Alex, and the allocation of funds to cover medical expenses, legal fees, and future needs.

The attorney submitted the minor’s compromise petition to the court, seeking approval on behalf of Alex. The court carefully reviewed the petition, considering the best interests of the child. Once approved, the settlement funds were distributed as specified in the petition, providing Sophia with the necessary resources to support Alex’s medical care and secure his future well-being.