Filing a Car Accident Claim on Behalf of a Child in North Carolina

If getting into a car accident is traumatizing, imagine what it is like for a child. It gets even more traumatizing when your children have to undergo a painful surgical procedure as a result. When your child or loved one is involved in a car accident, you have the right to sue those responsible for compensation.

If you’re looking to file a car accident or personal injury claim on behalf of your children or family members, get in touch with us, and we will ensure you get all the legal help you need.

Types of Car Accident Claims and Minors

Your children deserve to be compensated for any injuries caused by a negligent driver. In North Carolina, there are two main types of claims you can file. One claim is filed by a parent to recover medical expenses that were accrued as a result of the accident.

Your child can file the second claim through a guardian ad litem. A guardian ad litem is appointed by the court to look after your child’s interests. However, it must be noted that a guardian ad litem is not your child’s advocate, and therefore, they do not provide any direct services to the minor.

It is also essential to understand that a guardian ad litem only makes recommendations about a child’s future, and it is for the court to make a final decision.

Child Injuries in Car Accidents

When children are victims, their injuries can easily be fatal or life-threatening. You will need a car accident attorney who will establish liability with a preponderance of evidence. You can file a car accident claim On behalf of a minor if they are involved in any of the following:

• A hit-and-run incident
• A fatal incident that can result in a wrongful death claim
• A car accident that results in a small child slipping out of the seat belt, thereby causing injuries
• Injuries as a result of unsafe booster seats
• Low-quality car seats that fail to protect your child during an accident

Statute of Limitations for Minors

If you are an adult, the statute of limitations is three years from the date of the injury. This statute of limitations does not apply to minors because they are under “legal disability.” The statute of limitation comes into effect three years after the minor turns 18 years old. A person is considered legally disabled if they meet one or more of the following criteria:

• The person is under the age of 18 years old
• The person is insane

It must, however, be noted that there is an exception to this rule. If there has been a tragic car accident that resulted in the death of a minor, the statute of limitations will apply. In simple terms, you cannot file a wrongful death lawsuit if the minor’s death occurred more than two years ago.

Get in Touch with a Car Accident Attorney

When you file a car accident claim, keep in mind that you will be going head-to-head with experienced insurance companies. Insurance companies will never look after your best interest. To get justice for your child, call the Nye Law Group by dialing 912-200-5230. You can also get in touch with us by sending us a message on the contact form of this website.