Can a Minor Sue in a Car Accident?

After a catastrophic auto accident, many adults experience injuries that are serious and may require life-long care. This situation calls for a seasoned attorney familiar with your state’s laws and a demonstrated success fighting against the corporate car insurance companies that try to avoid any type of payout for damages.

When a crash involves minor children, the outcome of their injury claim is critical to what their future is going to look like. This is especially true for those who suffered life-changing harm that they must learn to adapt and accept as part of their daily lives moving forward. While children have specific rights when hurt in a collision, New York law requires a parent, guardian, or other adults to represent their case.

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New York Statute of Limitations Regarding Injured Minors

The state of New York views minor children as “legally disabled” because of their age. This starts the statute of limitations to bring a personal injury suit when they reach adulthood at age 18. That allows them to pursue any damage claims against the responsible party if their parents did not prior to that point. This makes an experienced attorney invaluable when sorting through past medical care and costs your child may still need coverage for in the future.

There is an exception to this rule when it comes to government-owned or driven vehicle accidents where a minor received injuries. The New York General Municipal Law Section 50 does not extend the claim period automatically to adulthood for government car accident claims but instead requires the filing of damage suits no later than a year and ninety days after it happened. This is an about-face from the statute of limitations for other collisions involving minors that states they should receive a legally disabled status due to age.

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Who Decides That The Settlement Offer Is Sufficient?

Once an appointed attorney or legal guardian has completed the paperwork for filing an infant’s compromise order, the court will review the case and interview your child and other involved parties. Because the court must determine whether a settlement is in the best interests of the involved minor, any reached agreement must satisfy the scope of the needed care and loss.

Upon approval, any monetary awards will go into an interest-bearing account in escrow until your child is of legal age to access it. Keep in mind that a child’s parent or caregiver could participate in the suit for reimbursement of any medical-related expenses they paid for treatment and care.

NYC Car Accident Attorneys For Minor Children

All of these additional steps and safeguards bring an added layer of legal protection for children involved in traumatic collisions. At The Barnes Firm, we recognize the importance of children as members within our society, and they deserve experienced representation to ensure their future as adults. Our top injury lawyers in New York City have decades of auto accident case successes in which we aggressively advocated on behalf of our clients. Our New York City attorneys bring years of knowledge and experience that win claims and helps your child to focus on recovery.

The Barnes Firm is one of the largest personal injury law firms in America, with more than 40 attorneys who are ready to put their experience to good use for you and your family. Our success has allowed us to attract some of the best hardworking and ethical trial lawyers in the state of New York. We review the medical history behind your child’s injuries and study all the available information about related conditions. Contact the personal injury attorneys at The Barnes Frim to learn more about fighting for your child’s right to compensation and care for their injuries.

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