No one wants to see a child hurt badly enough that they might have to file a personal injury claim. If it comes to that, though, you'll want to know how the process is supposed to work. A personal injury attorney will tell potential claimants to be aware of the following issues.
Parentage
Anyone filing an injury claim on behalf of a minor must have legal standing to do so. Parents have the easiest path to filing claims, although there might be some slightly confounding issues if they're divorced.
Generally, both parents have a say in these situations unless the court has stripped one of their rights. That may make accepting a settlement a little trickier, but it's something that the two parents and a personal injury attorney should work out.
Absent an agreed-upon answer, there may be a separate family court hearing to resolve who gets to make the decision. However, the person with primary physical custody stands a good chance of prevailing unless they're taking a highly unreasonable position that's against the best interests of the child. A personal injury attorney usually doesn't handle these proceedings.
Guardians or Conservators
Folks with similarly established legal rights to parents will be able to file claims under these circumstances, too. A judge will naturally want to see evidence that someone stands as guardian or conservator to the child before allowing a case to proceed. Unsurprisingly, an insurance claims adjuster will want to see similar proof before discussing the possibility of a settlement.
Filing
The process is not unlike the one used when the victim is also the claimant or the plaintiff. Usually, they'll meet with a personal injury attorney. Presuming the lawyer believes the case is worth pursuing, they'll collect evidence supporting a personal injury claim. This includes things like medical and first-responder reports, photos from the scene of the incident, and testimony from witnesses.
A lawyer will send a demand package to the defendant or their insurance provider once they feel confident in the case. The defense will have a chance to investigate and respond. If they believe the case is valid, they may make a settlement offer and the two sides might negotiate. If the defense rejects the claim or the negotiations fail, then the remaining option is to sue.
Waivers
One thing to be aware of is that many childhood activities involve waivers. For example, high school sports teams love liability waivers. Don't assume the waiver is enforceable, though. Show it to a personal injury attorney and ask what they think.
