Filing an Injury Claim on Behalf of a Child

The Claim Is a Two-in-One Claim

The first thing to note is that the accident claim will be a two-in-one case. The duality arises because your child's injury directly affects both you and the child.

The first part of the case involves economic damages that you have directly incurred because of the child's injury. These damages include:

• Medical bills
• Childcare services (if you have to pay someone to care for the child)
• Lost wages (if you have to take leave to care for the child)

The second part of the case involves damages that the child has directly suffered. Such damages include:

• Pain and suffering
• Disfigurement
• Lost wages (for a working child, as many teenagers have a part-time job)

Remember to include all losses related to the accident - including future ones.



The duality of the case also means you do not receive the entire settlement money. You get a portion of the money stemming from your damages. The child's portion goes to a surrogate account in the child's resident county. The money stays in the account, earning interest until the child reaches 18. In special cases, you may petition the court for the money's early release.

The Court Approves the Settlement

In a typical personal injury case, the victim has the final say in accepting a settlement offer from the defendant. Even if you have a lawyer handling your case, they do not decide (they only advise you) to accept a settlement offer.



The situation is different for a minor whom the court presumes does not know what is good or bad for them. Therefore, the court assumes the role of determining whether the child's settlement offer is fair. The court will consider various factors, including medical records and the guardian's testimony, in making its decision.

The Statute of Limitations Applies Differently

The statute of limitations determines how long you have to file an injury case after an accident. The statute of limitations varies by different factors, including the type of injury and the applicable state laws.

In most states, the statute of limitations for injury cases with child victims differs from adult victims. For example, New Jersey gives you two years (from the date of injury) to file your case. However, the counting starts when the child reaches 18.



However, many lawyers will advise you to file the case as soon as possible. The evidence might get stale with time or witnesses might withdraw. Injury cases also take a long time. The sooner you start the case, the sooner you and the child will get the compensation you deserve.

A Different Standard of Care Applies

In New Jersey, you can only get compensation if you are, at most, 50% liable for the crash. Also, your compensation reduces proportionally to your contribution to the accident. However, the standard of care the government expects from adults is different from that it expects from minors.

For minors, the standard of care depends on age. Specifically, the law presumes that a child under the age of seven is usually incapable of negligence.

Borbi, Clancy & Patrizi offers personal injury representation for all injury victims. We have practiced personal injury law for decades. Contact us for a consultation to determine how to pursue compensation on behalf of your child. We look forward to speaking with you.