WHEN SHOULD YOU SETTLE A MINOR’S AUTO ACCIDENT CLAIM?
March 23, 2022
If your minor child is injured in an auto accident, when should you settle the claim and how is this claim different from an adult’s claim? Normally, a car accident injury claim is settled after the accident victim has completed their medical treatment and has recovered from their injuries. The same can be true for a minor, but there are some special considerations that need to be made for a minor if the full impact of their injuries may not be known until after they physically mature. For instance, the child is 5 years old and sustains significant head trauma and there is concern of a brain injury. A 5 year-old is difficult to test for brain injuries and they may not manifest themselves until later when the child has difficulty in school or other activities. A fractured leg may prevent the child from playing sports at a later age, but this does not become a reality until later on.
In the case of a minor child, there is an extended statute of limitations to allow parents to wait to see the full extent of the child’s injuries. At the very lease the child will have until their 19th birthday before the statute of limitations will expire. This needs to be considered when settling a minor’s claim after a motor vehicle accident. Many parents may be tempted to take the money now, but they brisk losing money for their child later on. If the child’s injuries are minor, then waiting is probably not a consideration, but if the injuries are significant it should be considered. A child cannot do much with their settlement money at an early age and waiting may be the best option for them
If you need help with an auto accident claim, contact auto accident attorney Matt Troutman at the Troutman Law Office at 502-648-9507 or go to www.kyautoaccidentattorney.com and we will help you maximize your recovery.