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Seeking Compensation After A Child Is Injured

Children get hurt when playing, participating in sports and other recreational activities, or while just being children and exploring their surroundings. However, when children get seriously hurt as a result of another person’s negligence, the child has the same right to seek compensation for his injuries that an adult in the same situation would. In most cases, the minor would have to go to court with a parent or guardian to represent them; the parent or guardian would also handle any decisions regarding the settlement of claims.

Because the parents or guardian has the responsibility of making major decisions on behalf of the minor, it is important that they make decisions that are in the best interest of the child. It is important to consider the extent of the child’s injuries and the kind of care they will require, immediately and in the future, and how their adult life will be affected by the injuries received.

Some parents hesitate to seek compensation for injuries sustained by a child because they may be seen as trying to profit off of their child’s injury. However, seeking compensation to help the child recover is not selfish or greedy; it is a necessary process that could ensure the child affords expensive medical treatment necessary to recover from the injuries sustained. The money is not for the parents or guardians; it is primarily for the benefit of the child.

Settlements shouldn’t be made with a focus of getting one specific thing for the child, for example, enough to only cover special adaptations the child needs to attend school with his injuries, with the parents expecting to cover all other expenses. The larger focus should be on what the child may need to get along in life, depending on the severity of his injuries. The parents may not be able to always cover the child’s expenses even if they anticipate being able to do so at the time of the child’s injuries.

The law requires any personal injury claim settlement or award on behalf of a minor be approved by a court before it is finalized. In some cases, the money received may have to be placed into a special account or trust for the benefit of the child, to which the child would have access to upon reaching the age of eighteen. If a parent or guardian misuses the child’s entire settlement on other things and not on the child’s needs, the child could seek compensation from the parent when the child reaches the age of eighteen.

Let Us Assist You

Deciding how much money a personal injury case should settle for is not an easy task, especially for parents who want to ensure that their child’s needs are covered before agreeing to the settlement. Parents should consider hiring an experienced personal injury attorney in order to ensure that their child’s interests are fully represented in a final settlement. Parents seeking assistance on this issue in Columbus, Ohio, should contact personal injury attorney Ed Schottenstein of the Schottenstein Law Offices for a consultation.