Can a Parent File a Personal Injury Claim for a Child?

Parents of children who have been injured as a possible result of someone else’s negligent or reckless actions should consult a personal injury lawyer in Tracy or Manteca. A personal injury lawyer will review the case to decide if it is appropriate to pursue damages. Since the rules of statutes of limitations are different when applied to children, it is possible for the child to wait until the 18 ^th birthday before filing a lawsuit on his or her own behalf. However, a guardian ad litem can also file a lawsuit on behalf of a minor child prior to the 18 ^th birthday. Usually, the appointed guardian ad litem is the natural parent of the child.

Many lawsuits resolve with settlement arrangements. If the personal injury lawyer negotiates a settlement on behalf of the minor child, then the court must approve this settlement before it can be finalized. The injury lawyer will file the minor’s compromise petition with the court to seek a court order approving the settlement.