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How Minor Accident Cases Differ From Adult Cases
Personal injury cases can be potentially complicated, particularly when minors are involved. At Arash Law, we have handled a wide range of cases involving clients of various ages, including minors. To learn more about how cases involving minors differ from those involving adults, keep reading or call us at (888) 488-1391 for a free initial consultation.
A Difference In Statute Of Limitations
In a typical personal injury case in California, such as a motor vehicle accident involving only adults, the statute of limitations is two years from the date of the accident to file a legal claim. However, when a minor is involved, the statute of limitations does not begin until the minor turns 18. This means that if a 7-year-old is injured in an accident, the two-year filing period would not start until the childโs 18th birthday, giving them until age 20 to file a lawsuit.
A Guardian Ad Litem Is Needed
When a minor is involved in a legal case, an adult, often a “next friend” or guardian ad litem, must be appointed to represent the childโs interests throughout the litigation process. In many cases, this person is the childโs parent. However, if the parent was involved in the accident or is partially or fully at fault, the court may appoint another individual to serve in this role. The guardian ad litemโs primary responsibility is to protect the minorโs interests during the legal proceedings.
A personal injury lawyer also plays a vital role when a minor is involved in a legal case. They can assist the guardian ad litem in understanding the minor’s rights and the applicable laws. Additionally, the lawyer can present the case in court and advocate for the childโs welfare and proper representation.
A Settlement Must Be Approved In Some Courts In Cases With A Minor
When only adults are involved in an accident, the parties can reach a settlement agreement without court involvement. However, if a minor is involved, many jurisdictions require court approval before the settlement can be finalized. In these cases, the minorโs guardian ad litem and accident lawyer will present the proposed settlement to a judge. The judge will then review the terms and approve if they believe that the settlement is fair to the minor.
Child Injuries
The process of pursuing compensation for a minor varies by state. Generally, an individual under the age of 18 may be eligible to seek compensation for disability, pain, and suffering, or permanent injury, just as an adult would. A parent may also be able to file a separate claim for the medical bills they are paying on behalf of the child.
A child cannot handle a claim and negotiate on their own, so a parent or guardian of the child is typically allowed to negotiate on their behalf. Several states require the judgeโs approval before a settlement involving a minor can be finalized. The process for obtaining court approval can sometimes be straightforward and may include submitting forms and documentation for the judgeโs review. Additional steps may be required depending on the case and jurisdiction.
The necessary forms for court approval of a minorโs settlement can usually be obtained from the court clerkโs office, along with filing instructions. Some insurance companies may also provide documents related to settling the claim. Obtaining court approval is important to make the settlement legally binding and to protect the minorโs interests, preventing future claims related to the same incident. A car accident lawyer can assist with preparing and submitting these forms.
When Minors Cause Accidents
Liability for accidents caused by minors is determined by assessing care and negligence, similar to accidents involving adults. However, the standard of care applied to minors takes their age, experience, and maturity into account, rather than holding them to the same expectations as adults.
The law has different standards that apply to varying age groups when determining whether a minor is actually liable for injuries they have caused. This can be due to the minor being too young to understand how they have been careless.
Legal guardians or parents can still be held responsible if their own negligence in supervising or controlling the child contributed to the incident. For example, if a parent allowed an unlicensed minor to drive a vehicle, the parent may share liability for any resulting accident.
When you are seriously injured due to an accident caused by a minor, and there is no applicable insurance coverage, you may be able to pursue a lawsuit against the minor for damages. Courts may issue a judgment against the minor, but in practice, minors often do not have sufficient assets to satisfy a judgment. In such cases, recovery may depend on the minorโs parents or guardians if they were negligent, or the damages may remain unpaid. Insurance coverage, when available, is typically the primary source for compensating victims.
In such situations, it may be beneficial to consult with a car accident lawyer to navigate the complexities of the legal process. They can help you understand the applicable law for your case, gather evidence, and represent your interests in court.
Liability Of Parents Or Guardians In Accidents Caused By Minors
When a teen who is still a minor is driving, they are often covered by their parentsโ auto insurance policy, or they may have their own. If the minor is driving a vehicle owned by their parent, the parentโs insurance may provide coverage for an accident, even if the minor is not specifically listed as a driver, depending on the policy terms and circumstances.
In some states, if a minor is at fault in an accident and does not have insurance, a parent may be held financially responsible for the resulting damages. Many jurisdictions place statutory limits on this liability, which can range from $5,000 to $25,000, depending on state law. The specifics of parental liability and coverage amounts vary by jurisdiction and the circumstances of the case.
When considering the specific liabilities and insurance coverage involving a minor driver, an accident lawyer can help clarify the specific implications of such situations. They can provide guidance on parental responsibility and financial recourse when a minor causes an accident.
Call Arash Law For Clear Legal Advice & Assistance
Whether your case involves a minor or an adult, Arash Law is ready to assist you throughout the claims process. We understand that these cases are not only legally complex but can also be emotionally challenging, especially when a minor is injured or involved. Our team is committed to advocating for your rights and helping you hold the at-fault parties accountable for the harm they caused. Our experienced accident lawyers at Arash Law can help you address the challenges that may arise in a personal injury claim.
Call us at (888) 488-1391 or complete our โDo I Have A Case?โ form for a free case review.
