Injuries to Minors

FAQs

What should I do if my child is injured in an accident?

If your child is injured in an accident, the first thing to do is to remain as calm as possible. While it may be difficult, keeping a level head will help you assess the situation properly and get your child the help they need.

Next, check if your child is responsive. Gently shake them or call their name. If they are unconscious or unresponsive, call 911 for emergency medical assistance immediately. If they are responsive, check for any serious bleeding or other visible injuries. Apply pressure to any bleeding wounds and keep the injured area stable and immobile if possible.

Even if there are no visible injuries, there could be internal injuries or a head injury. Watch your child closely for signs of concussion or trauma such as dizziness, nausea, slurred speech, weakness, or confusion. If any of these symptoms occur, get medical help right away.

While waiting for emergency help to arrive, comfort your child and keep them as still as possible. Reassure them that the situation will be okay, and that help is on the way. Having a familiar face and voice can help keep an injured child calm before proper medical treatment is available.

With a serious injury, every minute counts in getting your child the treatment they need. By remaining calm and taking quick action, you can help ensure your child receives the emergency care necessary as soon as possible.

With proper medical attention, even serious injuries can be treated, and your child will recover. Staying by their side through the process will help put them at ease during a stressful situation.

What damages can I recover in a personal injury case involving a minor?

In a Los Angeles personal injury case involving a minor, damages that can be recovered would include both economic and non-economic damages.

Economic damages refer to tangible, out-of-pocket losses that can be calculated, such as:

• Medical bills: All costs associated with medical treatment, surgeries, physical therapy, medications, and other injury-related healthcare expenses. These damages are meant to make the minor whole again by covering the costs of any necessary medical care.
• Lost income: If the minor is old enough to be employed, lost income from being unable to work due to the injuries can be recovered. The court may determine an appropriate amount based on the minor's age and what they reasonably could have earned during the time they were injured.

Non-economic damages refer to intangible losses that are more subjective, such as:

• Pain and suffering: Compensation for the physical pain, emotional trauma, and suffering endured because of the injuries. The severity and duration of the pain, as well as the effects on daily life, are factors in determining an appropriate amount.
• Loss of enjoyment of life: Compensation for hobbies, activities, and aspects of daily life the minor can no longer participate in or experiences less enjoyment from due to their injuries. The court will consider what the minor's life was like before the injury and how it has changed to determine damages.
• Loss of consortium: Compensation for the loss of benefits of family relationships. For example, if the minor's injuries impact their ability to perform household tasks or participate in family activities, the parents or legal guardians may be awarded damages to account for the loss.

Overall, the goal of damages in a minor's personal injury case is to try to make the family whole again financially while also acknowledging the non-economic suffering experienced. An experienced personal injury attorney can help determine what types of damages may be pursued and argue for an amount that is fair compensation.

Can a minor file a personal injury lawsuit?

In the city of Los Angeles, minors under the age of 18 generally cannot file a personal injury lawsuit on their own. Instead, a parent or legal guardian must file the lawsuit on the minor's behalf. This is because minors are not legally considered competent to handle their legal matters.

However, if the minor is emancipated or married, they may be able to file a lawsuit themselves. Emancipation occurs when a minor is legally self-sufficient and no longer under the care of their parents. In these situations, the emancipated minor can sue in their name. If a minor is injured due to the negligence of another, a lawsuit must be filed before the statute of limitations expires, even if the minor must have a parent or guardian file the initial lawsuit.

The minor can later take over the case once they turn 18 if desired. While minors have legal rights, they must have proper legal representation to pursue compensation for any injuries. Without a parent, guardian, or emancipated status, a minor cannot legally file a personal injury lawsuit on their own in Los Angeles.

In Los Angeles, and most other cities, minors are protected by specific laws. Even though a minor is not considered legally competent to handle their legal matters, they can still pursue a claim if it is filed on their behalf by a parent or legal guardian. A parent or guardian will then be responsible for determining the best course of action when it comes to filing the lawsuit and seeking any potential compensation that may be due.

If the minor is in an emancipated or married state, they may have additional rights when it comes to filing such lawsuits themselves. In these cases, the same rules of responsibility and deadlines will apply as with an adult plaintiff.

It's important that regardless of whether a parent must file on behalf of the minor, all necessary paperwork and evidence are filed before the statute of limitations expires so that no future recourse can be taken against those responsible for causing injury to them.

Minors need to obtain proper legal representation should they decide to proceed with any personal injury claims so that their interests are properly represented throughout the proceedings.

This protection applies regardless of whether a parent acts on behalf of them during court proceedings or if the individual has chosen emancipation before age 18 allowing them full autonomy over their case management decisions.

What happens to the damages award in a personal injury case involving a minor?

In a personal injury case involving a minor in the city of Los Angeles, any damages awarded are paid to the parent or guardian of the minor. The money is placed into an interest-bearing account in a financial institution and may be used for medical care related to the injury suffered by the minor, such as hospital bills and doctor visits.

The court will appoint a “guardian ad litem” who will manage the funds on behalf of the minor until they reach adulthood or otherwise become legally responsible for themselves. This individual is not associated with either party involved in the lawsuit or has no other affiliations with either side. During this period, any funds withdrawn from this account must be approved by both parties to ensure fairness in the use of these funds.

At the age of 18, the minor will become legally responsible for their funds and may choose to access them at any time or to leave them in a trust fund where they can continue to accrue interest. However, if the minor is unable to make decisions about their finances due to mental incapacity, guardianship proceedings must be initiated to manage the financial affairs of the minor.

Damages awarded in a personal injury case involving a minor in Los Angeles are placed into an interest-bearing account managed by a guardian ad litem until such time that the minor reaches adulthood and becomes legally responsible for themselves.

At this point, they may access those funds as needed or leave them in a trust fund. If the minor is unable to make decisions about their finances due to mental incapacity, appropriate proceedings must be initiated.

How long do I have to file a personal injury lawsuit involving a minor?

In the city of Los Angeles, a personal injury lawsuit involving a minor must be filed within two years from the date of the incident. However, if the child is under six years of age at the of the incident, then the two-year period does not begin until he or she turns six. As such, a parent or guardian can file a personal injury lawsuit on behalf of their minor child any time up to two years after the child’s sixth birthday.

Additionally, for minors who are between six and eighteen years old at the time of an accident that causes injury, there is a three-year statute of limitations in California. This means that parents or guardians have three years from the date of the incident to file suit against the responsible party.

If you have a situation involving personal injury to a minor in Los Angeles, you must speak to an experienced attorney as soon as possible to ensure that all deadlines are met, and your claim is handled properly.

An attorney can help guide you through the process of filing a lawsuit, ensuring that all requirements are met, and working with insurance companies involved in the incident. With their assistance, they can help you obtain maximum compensation for your child’s injuries and losses.

By understanding the legal time limits for filing a personal injury lawsuit involving a minor in Los Angeles, you can ensure that your family’s rights are protected. Do not wait too long to seek justice if your child has suffered an injury due to another person’s negligence. Contact an experienced personal injury attorney today to get started on your case.

The statutes of limitations surrounding personal injury lawsuits for minors in Los Angeles can be complicated, and it is important to consult with a knowledgeable lawyer before making any decisions regarding your case.

An attorney will have the experience necessary to review your case and advise you on the best way to proceed to maximize potential compensation. They can also work with insurance companies, medical providers, and other parties involved to ensure that your family is taken care of throughout the entire process. Don't wait until it's too late—contact an experienced attorney today.

What if the other party claims that the accident was the fault of the child?

If the other party in a personal injury lawsuit claim that the accident was the fault of the child, several things might happen. First, a court may determine negligence on behalf of the child and award damages to the other party for their losses and suffering.

This could include medical costs, lost wages due to missed work, pain, and suffering, or other related expenses. The court may also order punitive damages which are meant to punish negligent parties for their actions. Additionally, if a parent is deemed liable, they may be held responsible under parental responsibility laws in some states. If found liable they could have to pay monetary damages as well as be subject to criminal charges.

Finally, in extreme cases where gross negligence can be proven by either party, the court may assign criminal responsibility to the minor. In these instances, the child may be subject to fines and/or jail time depending on the state's laws. Parents of children involved in personal injury lawsuits need to understand their rights and responsibilities under applicable state laws.

Additionally, it is highly recommended that you seek legal advice from an experienced attorney if your child is facing a personal injury lawsuit. This will ensure you have all the necessary information so that you can make an informed decision about how best to proceed with your case.

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