Can I Pursue A Claim For My Minor Child Following A Car Accident?
Children have the same legal rights as an adult and just like an adult, a child has the right to receive compensation for the injuries they may have sustained due to a car accident. Because a child cannot legally negotiate a claim on their own, a parent can pursue a claim for their minor child following a car accident.
If your child has been injured in an auto accident due to another driver’s negligence, our experienced personal injury attorneys are here for you every step of the way to ensure that their rights are protected, and they are fully compensated for their injuries and losses.
What Type of Compensation Will My Child Be Entitled To?
In a personal injury claim your child is entitled to compensation for their injuries, pain and suffering, emotional distress, disability, disfigurement, punitive damages and other damages depending on their case.
As the parent and caregiver, you may also be entitled to compensation for missed work for the care of your child following the car accident.
Is There a Statute of Limitations for Car Accidents Involving Children?
Normally in Illinois, the statute of limitations for a car accident is two years. However, if a minor is involved in a car accident, they would have two years from the time they turn 18 to file a claim or lawsuit
Will I Have Access to My Child’s Settlement Money?
Any settlement involving a minor child in Illinois requires court approval in probate court. This approval requires the filing of a petition for guardianship of the estate of the minor child, where the judge will make the determination based on some key facts, including:
- Facts of the accident
- The identity of the liable party
- Legalities of the claim
- The nature of the injuries and the medical expenses
- A doctor’s prognosis of the child’s injuries and their recovery thus far
- Attorney’s fees and court expenses
- The final amount due to the minor child
If the judge approves the settlement, the money will then be deposited into a court-approved bank account where the money cannot be withdrawn without a court order until the child turns 18. When the child turns 18, this money would be available to them depending on the terms that were set up at the time of the settlement.
If your child was involved in a car accident, you probably have questions about their rights. An experienced personal injury can review your case and advise you on the best course of action regarding their claim. We at Agruss Law Firm are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an auto accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
If you or a loved one has been injured in an auto accident due to another driver’s negligence, contact Agruss Law Firm, LLC for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, the car accident lawyers at Agruss Law Firm, LLC is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
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