Can a Child Bring a Claim for Injury Compensation?

We’ve spent a lot of time talking about injuries to adults, but this ignores about 20 percent of our population.  Children are often injured in tractor trailer crashes, highway accidents, traffic accidents with drunk drivers, big truck crashes, and other vehicle accidents.  Smart accident attorneys and accident lawyers know that the effect of severe injuries, such as broken bones, scarring, spinal injury leading to paralysis such as paraplegia and quadriplegia, back injuries, burns and even wrongful death.  The injury lawyer knows these injuries may be even more severe for a child because they may affect the child for the rest of their life.  A child born in the United States can expect to live at least 75 years.  That is a long time to live with injuries that make it so the child cannot work and is in pain for the rest of their lives. 

The answer to our question is, yes, a child can bring a claim for fair compensation based on injuries caused by the negligence of another.  It used to be that the child’s parent had to bring the claim on behalf of the child. This is because the child was considered incompetent, simply because of the fact that the child was not 18 years old.  This has changed over time, and the child can bring his/her claim for fair compensation in his/her own name.  The determination of compensation for the child is determined in the same way it is for an injured adult.  

Ultimately, if the claim is resolved, resulting in fair compensation, the money will have to be placed in a restricted account (bank or otherwise) for the protection of the child.  Believe it or not, some parents have been known to take their children’s money and spend it on things other than the child’s welfare.  The Court in the county where the child lives will have oversight of the account until the child reaches the age of 18.  At that time the funds will be released to the child.  In the mean time, if money is ever allowed out of the account, it must be with the Court’s permission.  Even then the Court will only allow money to be taken out of the account for things that are for the direct benefit of the child.

At Young and Young, we have worked for thousands of Hoosier Children who have been injured by others negligence.  To help your child obtain their fair due, call John  P. Young today.