The law assumes that children don’t
have the same well-formed judgment as adults do, & has fashioned special
rules for compensation & liability in accidents involving children.
Injuries to Children
Although
the procedures for collecting compensation for a minor in most states, a person
under age 18 vary somewhat from state to state, in general a child has a right
to compensation for pain & suffering, permanent injury, or disability in
the same manner & for the same amounts as an adult. Also, parent has a
separate right to be compensated for medical bills paid on behalf of a child.
Obviously, a child can’t negotiate a claim, so a parent is permitted to
negotiate on behalf of the child. In some states, the parent must get the
approval of a judge before the child’s claim can be finally settled. This
process is usually short & straightforward, & involves nothing more
than the filling out a simple form & filing it with the court for approval.
An insurance company you reach a settlement with can help by providing you with
the proper form & giving you instructions on where to file it. It is in the
insurer’s interest as well as yours to see that the settlement is properly approved
so that a lawyer for the child doesn’t go to court months or years later &
claim more money for the child. The form will also be available from the court
clerk’s office.
Accident Caused by Children
Legal
liability for accidents caused by minors is based on the same notion of care
& carelessness as accident caused by adults. But the same standards of care
that are expected of an adult can’t be applied to minors. Carefulness implies
understanding risks, & minor’s particular young children don’t understand
risks the way adults do. The law applies different standards to different age
groups when deciding whether a minor is liable for causing injuries to another
person. Very young children are generally not held liable for accidental
injuries they cause. They are too young to understand that they have been
careless. This doesn’t mean, however that parents or legal guardians might not
be liable for their negligence in failing to control a child. Once a child is
old enough to know right from wrong, the child can be held responsible for intentional
injuries he or she causes. Thus, if a child intentionally injures another
child, for example or intentionally throws a rock at a car & causes an accident,
the child who commits the intentional act & the child’s parents may be held
liable. Older children are generally held liable for negligent conduct if they
didn’t behave carefully as measured by what other children of the same age
would understand is reasonably careful & once children become middle
teenagers, they are held to pretty much the same standard as adults. When driving
a care, a minor is held to exactly the same standards as adults. Children don’t
normally have much money of their own, but if a minor can be held legally responsible
there are several ways for a person injured by the minor to collect
compensation. First, the actions of minors are very often covered by insurance.
If a minor is driving a car, insurance or the insurance of the car owner should
cover the accident. If the accident doesn’t involve a vehicle, a homeowner’s or
renter’s insurance policy may cover the conduct of a minor who lives in the
home. So the injured person may be able to deal directly with the parent’s
insurance company. If you are seriously injured in an accident caused by a
minor & there is no insurance covering the minor’s conduct, it may be worth
pursuing a lawsuit against the minor. If you obtain a legal judgment from a
court stating how much the minor owes, the minor will have to pay it upon
coming of age 18years old in most states & starting to earn money. Because this
process can be long & cumbersome & is usually worth pursuing only in
cases of serious injury, however, it probably requires the assistance of an
attorney.
