If your kids are in the car when the worst happens, they can be vulnerable to getting hurt, too. As a parent, you can do a lot to take child safety measures and keep risk under control. Unfortunately, however, you cannot prevent an accident from ever happening.

If your kids are hurt in a collision, you may be completely overwhelmed and unsure of what to do. Contact a personal injury attorney immediately for guidance on how you can take legal action to protect your loved ones.

Minors (or people under the age of 18) cannot file a personal injury claim on their own in Kansas or Missouri; however, it is still possible for someone under 18 to recover for their injuries through an adult.  A minor, through a next friend, such as a parent or legal guardian, can bring a lawsuit on the minor’s behalf. When a settlement or verdict is awarded on behalf of a minor, the funds will be placed into a restricted account for the minor’s benefit until they reach the age of majority.

It is important to note that aside from pain and suffering, the accident-related losses that affect a minor may be different than those of an adult, including missed time from school and extracurricular activities.

Calculating damages to determine the financial value of a personal injury lawsuit could need altering when  a minor is the injury victim. A lawsuit involving a child may not involve some of the typical losses or expenses which could be considered otherwise, such as wage loss or vehicle repairs. On the other hand, the pain and suffering of the injured minor victim is certainly a factor to be considered in any personal injury lawsuit. In addition, their future earning capacity may be a variable as well as their medical expenses and future quality of life.

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Jason C. Amerine
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President and Owner, Castle Law Office of Kansas City
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