Can a Minor or a Child Recovery Damages if They Have Been Involved in a Car Accident?

Today we’re going to talk about whether a minor or a child can recover damages if they’ve been involved in a car accident. My name is Adam Hepburn and I’m a car accident attorney in San Diego and one of the partners here at HHJ Trial Attorneys.

Now I’ve represented many families where their children were actually involved in a car accident and we’re really injured. A minor or child has the same right as an adult does to recover damages for their injuries, now there are a few differences.

One of them is that the parent has to actually serve as what’s called the guardian ad litem. They are the personal representative of their minor child because the minor has not obtained the age of 18. Also, any sort of settlement that can occur in that case has to go through what is called the minor’s compromise. That means that any settlement has to be approved by the Court and the distribution of funds also needs to be approved by the Court and that is for the protection of the minor. So if your minor or your child has been involved in the accident, it’s important to have an attorney that knows the difference and knows the process to go through. Safely and just, we obtain compensation for your child.

If you have any questions, please feel free to give us a call anytime.