￼Can a Minor Who Has Been Injured File a Personal Injury Claim?
The legal system is designed to protect people from harm, and in many cases, the injured party may be a minor. This often brings up questions like the ones our Redding, California personal injury attorneys at Maire & Deedon will discuss in this article.
What Is a Personal Injury Claim?
A California personal injury claim is a legal proceeding filed by someone who has been injured as a result of another person’s negligence. In order to file a personal injury claim, the plaintiff must demonstrate that he or she has been harmed in some way and that the harm was caused by the defendant’s actions. The plaintiff then must prove that the defendant was negligent in their actions and that the negligence caused the injury.
Who Can File a Personal Injury Claim in California?
A personal injury claim can be filed by anyone over the age of 18 who has been harmed as a result of someone else’s negligence. Anyone over the age of 18 can also file a claim on behalf of their loved ones who may have been injured as a result of someone else’s negligence. This means that even if you were not directly injured, you may be able to file a claim for a minor if the negligence of another person caused that minor harm.
In order to file a personal injury claim in California, you must meet two requirements:
- You (or someone you know) must have been harmed.
- You (or someone you know) must have suffered an injury as a result of that harm.
Is There a Statute of Limitations for Filing a Personal Injury Claim on Behalf of a Minor?
If you are the parent or guardian of a minor child who was injured in an accident, there is a good chance that you may have grounds to file a personal injury claim on their behalf. However, there is one important fact to keep in mind: minor claims can be barred by the statute of limitations if there is delay in certain circumstances; especially with respect to public entities.
Are There Any Exceptions to the Rule in the Event a Minor Would Like To File Their Personal Injury Claim by Themself?
In California, when a person turns 18 years old, they are legally considered an adult in the eyes of the law. Those who have had a personal injury case stopped due to their being underage, will generally have two years to file the personal injury claim after they turn 18. There are several exceptions to this general rule, especially with respect to claims against public entities. Therefore, it is important to get legal advice to properly protect the minor’s interests.
Speak to a Personal Injury Attorney
Whatever the case may be, if you know a minor who has been injured as a result of someone else’s negligence, it is best to speak with a California personal injury attorney at Maire & Deedon as soon as possible. We can help you understand your legal options and gather the crucial evidence needed to support the case.