If you had a young child in the car when another driver struck your vehicle, you have the right to sue the other driver for the injuries and damages you sustained as well as those your child sustained. Settling a car accident that involves injuries to a minor may require several additional steps, and a good car accident lawyer can help you with these.
Sue for separate damages
Not only will you be able to sue for damages you incurred from the accident, but you also have the right to sue on behalf of your child. You can sue for the cost of medical bills and health care services, pain and suffering, and any other types of damages your child may have encountered from this accident.
The amount of damages you ask for will typically be kept separate for the amount of damages you ask for on behalf of your child. This is done because a child cannot make decisions as to how to spend the money he or she receives from the proceeds. In other words, this is done for the child's protection.
Use the child's money to pay bills
If you win the case and your child receives money for compensation, the court will grant you the right to use the amount needed to pay the child's medical bills. This will have to be approved by the court before you can access the money, but it is done to allow you to avoid problems with collections on the accounts. You will not have access to the rest of the settlement money, though.
Access the money
The rest will be placed in a trust account the child will be able to access when he or she turns 18 years old. You may be able to place a different age on the trust account, if desired. You will need to talk to your lawyer to find out if this is allowed. The trust account will state the name of a person who is responsible for managing the account, called the trustee. This could be you, the parent, or it could be someone else.
If the court has concerns that the parents will take this money, they may put restrictions on the account that require a court order before money can be taken out.
When a child suffers from injuries in a car accident, he or she has the same rights as an adult who is injured. If you would like to learn more about this subject, talk to a car accident attorney like Carl L. Britt, Jr. in your area.Share