When your child is injured due to the fault of another party, there are steps you can take to seek out retribution – but pursuing a lawsuit for yourself is vastly different than pursuing one for your child. The state of Pennsylvania protects minors with complicated laws to preserve the child’s best interests, and navigating these rules can be difficult.
If your child has been involved in a car accident that resulted in personal injury, then Thomas, Conrad & Conrad Attorneys can answer your questions and guide you through your options. Once we validate your case, we’ll help file a lawsuit and represent your child in court should it come to a trial. Here are some things to be mindful of immediately following the accident and in the days and weeks afterward to increase your likelihood of receiving fair compensation.
Document The Accident
Your first priority after an accident has occurred is to get medical attention for your injured child. Even if the injuries appear mild, it’s best to have him or her seen at the nearest Emergency Room. Not all injuries present themselves right away, and it’s likely that some may be more serious than they first seem. After the child is released from the hospital, always follow up with a visit to his or her pediatrician. As the child’s regular doctor, they’ll be able to compare and contrast the child’s pre-accident state against post-accident state, as well as document the recovery process in detail. This will prove to be critical later on should you choose to pursue a lawsuit.
During this emotional, chaotic time, try to write down everything you can relating to the accident, so you have an accurate record, including contact information for involved parties and witnesses, and hold onto any important documents, such as medical bills.
File A Claim
Should you choose to file a claim against the liable party, you should be aware that there are two separate claims you can pursue: one for you and one for your child. The child has the right to claim damages relating to his or her pain, emotional stress, physical impairment, disfigurement and a reduced ability to earn a living. The statute of limitations, or time period, for doing this is extended for children up to their 20th birthday. You, however, have the right to claim the child’s medical bills, as you were likely responsible for paying them, and must do so within two years of the accident. If your child’s case is successful, you, as the parent, will not have access to the settlement. The court will require your attorney to file proof of the establishment of the restricted account with the restrictions for withdrawal until the child’s 18th birthday.
Thomas, Conrad & Conrad Attorneys Can Help
To receive the best compensation for you and your child, you’ll need help from an experienced lawyer. Known for our expertise in motor vehicle accidents and personal injury cases, we are confident that we can help guide your child’s case in the right direction. Contact Thomas, Conrad & Conrad Attorneys to schedule a free consultation today.