Child Injury: What if My Child was Injured?

INTRODUCTION

A person younger than 18 is considered a minor in the state of California. There are special rules to prosecute a case on behalf of a minor in a child injury case. This article addresses some of those essential rules.

COMPENSATION

An injured child (or minor) due to the fault of another is entitled to compensation. There are two types of damages. The first kind of damages is called economic losses. Past and future medical expenses are all economic losses. In severe injury cases, the child can recover damages for loss of earning capacity if the injuries will interfere with the child’s ability to earn income in the future. Non-economic losses are the child’s pain and suffering.

SETTLING A CHILD’S CASE

A minor is not allowed to resolve an injury claim by himself. A parent or guardian must settle the minor’s case. A court must approve the settlement.

Once approved, part of the settlement money is used to pay medical bills. The balance of the funds goes to a bank account for the child. The funds cannot be touched until the child reaches the age of 18. In some cases, the funds are placed in trust to pay for medical bills or rehabilitation costs, or any special needs of the child.

CONCLUSION

If your child is injured, MCIS will help you get the compensation they deserve. We do not charge fees unless your case wins. Schedule a free consultation.