January 30, 2020

My Child Was Hit by a Car in California, What Are my Rights?

Because of their size, children are far more vulnerable in car accidents. This is particularly true if they are hit by a car while walking, playing, or riding their bike. Because children often fail to take the same precautionary approaches to nearby traffic that an adult would, it puts them at greater risk as pedestrians. Injuries can include fractures, lung and internal organ injuries, spinal cord injuries, traumatic brain injuries, burns, paralysis, and even fatality. If your child suffered any of these injuries, ask one of our experienced Los Angeles child hit by car lawyers at Amicus Legal Group for help.

Rights of a Victim and Unique Issues for Child-Plaintiffs

As an accident victim, you child will be entitled to benefits under the at-fault party’s insurance. Unfortunately, in matters of insurance and negligence, these benefits may not be adequate and may even require a lawsuit to be filed on the child’s behalf.

In California, a minor child cannot be party to a lawsuit. Neither can the parent automatically file the complaint for him or her.

In the case of a lawsuit, the court will appoint an adult to act as guardian ad litem to help make the decisions on behalf of the child. In many cases, the court will appoint a parent as the guardian ad litem. In any settlement over $5,000, it must be approved by a judge who may rule that the funds be held in a financial vehicle for the child to be distributed for his or her care throughout the child’s life.

Ask our Lawyers for Help If a Child Was Hit by a Vehicle

If your child has been injured by a car, you need the legal advice of an experienced Los Angeles child hit by a car lawyer to understand your child’s rights to compensation. For more information and a FREE case review, contact us today at (888) 588-1777.  We are ready and willing to help.