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How Are Car Accidents Involving Minors Handled?

by | Jul 18, 2024 | Car Accidents | 0 comments

Teenager calling for help after getting into an accidentCar accidents are always tragic, but they are especially tragic when minors are involved. From a legal standpoint, the way that the accident is handled changes because a minor is involved. It is important to work with a lawyer who understands the differences in your situation, as it can make a big difference in the outcome. 

At Dominguez Law, we work with clients who have been in car accidents, including representing minors involved in those accidents. Our compassionate and aggressive team is here to protect your rights.

Is the Statue of Limitations Different In Car Accidents Involving Minors?

When it comes to handling car accidents involving minors, the most important thing to remember is that the safety and well-being of your child should always come first. Once you have ensured that your child receives proper medical attention, it is time to consider the legal aspects of the situation. This is where a personal injury lawyer can be an invaluable resource to help you navigate the complexities of the legal system and fight for the compensation your child deserves.

The time limit that you have to file your case may be longer when a minor is involved. Most states allow for the statute of limitations to apply for minors, which usually means that it does not start until the minor reaches adulthood. For example, an adult injured in an accident will have two years to file a lawsuit. However, if a minor is injured in an accident, those two years do not start until they reach the age of 18. 

Building a Civil Case Following a Car Accident Involving Minors

One of the first things a personal injury lawyer will do is assess the circumstances of the car accident to determine who is at fault. They will gather evidence, such as police reports, eyewitness statements, and medical records, to build a strong case on your child’s behalf. This is essential in establishing liability and seeking justice for your child’s injuries.

A personal injury lawyer will work with insurance companies to negotiate a fair settlement for your child’s injuries and damages. They will advocate for your child’s best interests every step of the way, making sure that their rights are protected and their needs are met.

In cases where a minor has sustained serious injuries in a car accident, a personal injury lawyer can also help you file a lawsuit against the at-fault party. This may involve seeking compensation for medical expenses, pain and suffering, and other related damages. Your lawyer will guide you through the legal process, providing you with the support and guidance you need during this challenging time.

All Settlements Must Be Approved By the Court

There are certain laws and regulations in place to ensure that minors are protected and their best interests are prioritized. This includes considerations such as determining fault, assessing damages, and negotiating settlements on behalf of the minor.

In cases involving minors, the court can review the settlement that you negotiate with the insurance company or that at-fault driver. This process ensures that the best interests of the minor are taken into account as the case is being settled. It is common for the court to want to review case settlements for minors, especially if a guardian ad litem is assigned who is not directly related to the child. 

Contact a Personal Injury Attorney for Help

As a parent, guardian, or caretaker of a minor, ensuring their safety and well-being is your priority. Unfortunately, car accidents involving minors can be a traumatic experience for everyone involved. In such cases, understanding how these situations are handled legally and financially can provide some clarity and guidance during a difficult time.

If you find yourself in the unfortunate situation of a car accident involving a minor, do not hesitate to reach out to us for a consultation. We are here to support you every step of the way. Call Dominguez Law at (505) 850-5854 or schedule a consultation using our contact form.