What If A Minor Gets Into A Negligent Accident In California? Can They Sue?
Under California personal injury law, minors under 18 years old cannot file lawsuits and claims themselves. However, their legal guardians can sue defendants as representatives of their minor children.
So, if a child gets into an accident, the negligent party responsible for it will be liable to pay for economic and non-economic damages. Legal guardians can file the lawsuit in the child's stead, but the courts will decide based on the injured minor's interest.
That said, let's talk about filing claims for the injuries of minor children, as experienced by our prescreened California Personal Injury Lawyers:
Can You Sue Someone If You're Under 18 In California?
No. But legal guardians can file a case for minor children. In California law, a legal guardian is someone who has the legal right to take care of the child, control their assets, or both.
All financial and emotional damages caused by accident can be compensated through these personal injury claims.
To help legal guardians forward a case, contact a prescreened California Personal Injury Lawyer ASAP. Your attorney can assess your claim, investigate the case, compile evidence, and represent you in settlement negotiations.
What Qualifies As Personal Injury In California?
The main task of California Personal Injury Lawyers is to prove negligence in accidents. This is used to identify negligent parties who will be liable to pay for the damages.
For this, you must demonstrate the following legal components:
The defendant or liable party had a duty of care to the plaintiff.
The liable party neglected their duty of care.
The plaintiff suffered an injury.
Negligence on the part of the defendant played a significant role in the injury/losses.
For example, a driver has a duty of care to follow traffic rules and drive safely. If they caused an accident because they drove recklessly, they would become liable parties or defendants in a personal injury claim in California.
Note that there could be multiple defendants in your case. For example, a driver, the car manufacturer, and other liable parties can be identified as defendants. To make sure you name all the responsible parties in your child's accident, contact a prescreened California Personal Injury Lawyer.
What Damages Can You Claim For Personal Injury In California?
The total damages awarded in California personal injury claims heavily depend on the case's circumstances. For example, the severity of the injuries, how the accident happened, and the expenses caused by the accident are all crucial factors that affect how much a child can get from a personal injury claim.
You can sue for more damages if you have more losses. Burn sufferers may be entitled to the following types of compensation:
Economic losses are the financial expenses your family incurred because of the accident. This could include medical fees, disability, surgeries, property damage, etc.
Non-economic losses include more "intangible" damages like emotional distress, pain and suffering, etc.
Punitive damages are only given in egregious cases, and the jury decides the value.
Keep in mind that it is easier to prove economic damages.
You only need your receipts, medical records, and other documentation to prove your financial losses. However, it is much more challenging to prove non-economic damages.
A prescreened California Personal Injury Lawyer can put together a solid case to support your claim. Given that there are no receipts for your emotional suffering, proving your emotional losses is crucial in getting those non-economic damages.
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