My young daughter was recently injured in a car accident, and I was wondering if I could claim compensation for broken arm on her behalf?
It is possible to claim compensation for broken arm on behalf of a child, although the process for doing so will be different. Each driver on the road must perform a duty of care towards their fellow road users, both drivers and passengers, and a broken arm injury claim will be possible if a driver has been negligent in this duty of care. This applies to children as well, who may be entitled to more broken arm accident compensation as not only may they have sustained a more serious injury, but the accident was unlikely to have been their fault. To guide you through the procedure to making a claim for broken arm on behalf of a child, you are advised to consult a personal injury lawyer at the earliest opportunity.
When seeking compensation for broken arm on behalf of a child, it should be noted that the statute of limitations is different. Under USA law, a claim for broken arm cannot be initiated by a child, nor can they instruct a lawyer to pursue a claim on their behalf. For this reason, the time limit upon a claim will not begin until the child reaches eighteen years of age, after which they will have three years in which to pursue compensation, giving them until their twenty-first birthday to pursue a broken arm injury claim. However if medical or educational costs are an issue, a claim for a child’s broken arm accident should be pursued sooner rather than later.
As a child cannot seek compensation for broken arm until they turn eighteen, a parent or guardian can do so on their behalf at any stage between their accident and their eighteenth birthday. This parent or guardian can represent the child acting as a “litigation friend”, who must first be approved by a court and cannot have a conflict of interest in claiming compensation – for example, the litigation friend cannot be a parent if they were the negligent driver responsible for the child’s broken arm accident. It should also be noted that a litigation friend must accept any potential financial liability with a claim for broken arm, meaning they will be liable for lawyer’s fees should the claim be unsuccessful. A lawyer can explain in detail the roles and responsibilities of a litigation friend in a broken arm injury claim.
Once your claim for broken arm has been settled, the court must approve the compensation which has been offered for your child’s injury. Once this has been done, the broken arm accident compensation must be paid into court funds, where it will remain until the child turns eighteen years of age – however funding can be released before then if required for medical or educational needs. The process for making a broken arm injury claim on behalf of a child can be difficult, and the procedure is notably different. For this reason, a personal injury lawyer should be consulted at the earliest opportunity when seeking compensation for broken arm on behalf of a child to ensure that professional representation is acquired to represent the claim.