Can I Bring a Personal Injury Claim on Behalf of a Child?
When a child is injured in an accident, parents and guardians often wonder how they can protect their child’s rights. North Carolina law allows adults to bring a personal injury claim on behalf of a minor, but there are specific steps and rules to follow. Understanding these requirements helps ensure your child receives the care and compensation they deserve.
Who Can File a Claim for a Child?
Because minors cannot file lawsuits on their own, North Carolina law requires an adult representative to act for them. This typically involves a parent, legal guardian, or a person appointed by the court as a “guardian ad litem.”
This representative makes decisions about the case, communicates with the attorney, and approves any settlement. Having a responsible adult involved helps protect the child’s best interests and ensures the case is handled carefully.
Types of Accidents That May Lead to a Claim
Children can be injured in many different situations. Common examples include:
- Car accidents
- Dog bites
- Medical malpractice
- Product liability
Regardless of the cause, if another party’s negligence led to the injury, you may have the right to bring a personal injury claim on behalf of the child. Acting quickly is essential because evidence can disappear and memories can fade.
Proving Negligence in a Child Injury Case
To win a personal injury case, you must show that someone else’s carelessness caused the child’s injuries. This generally requires proving four elements:
- Duty of care: The responsible party had a legal obligation to act safely.
- Breach of duty: They failed to meet that obligation.
- Causation: Their actions directly caused the child’s injury.
- Damages: The child suffered measurable harm, such as medical bills, pain, or emotional trauma.
Your lawyer can gather medical records, witness statements, and other evidence to build a strong case.
Compensation Available for an Injured Child
Damages in a child’s personal injury case may include:
- Medical expenses, including future care
- Pain and suffering
- Emotional distress
- Loss of future earning capacity if the injury causes lasting harm
In many cases, the settlement or award is placed in a court-approved trust or account until the child turns 18. This ensures the money is available for future needs like college or ongoing medical treatment.
Special Rules for Settlements
North Carolina courts take extra steps to protect children in injury cases. If the parties reach a settlement, a judge must usually review and approve it in a “friendly suit” hearing. The judge will confirm that the settlement is fair and in the child’s best interest. Without this approval, the agreement might not be legally valid.
The court may also require the funds to be deposited in a restricted account. This means the money cannot be withdrawn without the court’s permission until the child becomes an adult.
Understanding the Statute of Limitations
Every personal injury claim has a deadline, called the statute of limitations. In North Carolina, most personal injury cases must be filed within three years of the injury. However, when the injured person is a minor, the clock may be “tolled,” or paused, until the child turns 18. This gives the child until age 21 to file a lawsuit. Even though you technically have more time, it is usually best to act quickly. Waiting can make it harder to gather evidence and secure witness testimony.
Why Hiring an Attorney Matters
Personal injury claims involving minors can be complex. An experienced lawyer can:
- Evaluate the facts and determine the value of the claim
- Handle communications with insurance companies
- Gather medical records and professional testimony
- Navigate the court’s approval process for settlements
Having a lawyer means you can focus on your child’s recovery while a professional fights for the compensation your family needs.
Protecting Your Child’s Future
A serious injury can change a child’s life forever. Medical bills, therapy costs, and long-term care may create financial stress. By bringing a personal injury claim, you can secure resources to support your child’s recovery and well-being. Acting within the law’s guidelines ensures the settlement or verdict is valid and that the money is preserved until your child is ready to use it.
Contact Chandler Volta Personal Injury Lawyers for a Free Consultation With a Charlotte Child Injury Lawyer
If your child has been injured due to someone else’s negligence, you have the right to seek justice on their behalf. Working with a Charlotte child injury attorney helps protect your child’s interests and ensures every legal requirement is met. By filing a claim promptly and carefully, you can secure the financial support your child may need for years to come.
Contact our team at Chandler Volta Personal Injury Lawyers by calling (704) 980-9999 to schedule a free consultation.