Can I File a Claim if My Minor Child Was Hurt in a Minnesota Car Crash?
When a minor child gets hurt in a car crash, parents may wonder whether they can recover compensation for medical costs and other losses their child sustained in the crash.
In Minnesota, you can file a claim against the at-fault party on behalf of your injured child. In this blog from TSR Injury Law, our experienced car crash attorneys in Minneapolis discuss essential information about the claims process for a minor child, including what to expect and how to protect your child’s rights.
Need legal help for a minor child injured in a crash? Call our law offices to discuss your situation and legal options. We understand the complexities of injury claims involving minor children and have the resources and experience to help you get the compensation you deserve.
Request your FREE case review today. (612) TSR-TIME
What Legal Rights Does My Child Have After a Minnesota Car Crash?
Minnesota law provides special protection for children injured in car crashes. As a parent or legal guardian, you have the right to pursue compensation on behalf of your injured child through the civil court system. The law recognizes that children cannot legally advocate for themselves, so it empowers parents to act as their representatives.
Is There a Time Limit for Filing My Child’s Claim?
In Minnesota the statute of limitations for most claims involving a personal injury is six years from the date of the injury. However, the rules differ for minors. The statute of limitations for a minor child is generally six years after the crash injury occurred or one year after their 18th birthday, whichever is later.
It is important to point out that every case is unique, so you should speak to an attorney sooner than later to determine what statute of limitations applies to your child’s case. Additionally, six years may sound like a long time, but there are benefits to speaking to a lawyer right away. Waiting until they turn 19 may be a long time, depending on how old they are at the time of the crash. The more time that passes, the greater the risk of evidence being lost or destroyed, making it harder to establish negligence.
What Compensation Can My Injured Child Seek After a Minnesota Crash
After a Minnesota car crash, your child may be entitled to significant compensation to support their recovery and protect their future. Minnesota law recognizes that injuries to children can have far-reaching impacts on their development and opportunities. For this reason, the state provides special protections to ensure they recover fair compensation. An experienced attorney will pursue damages that address both current needs and potential future challenges your child may face.
Here are some of the damages your child may be eligible to receive:
- Current and future medical expenses, including rehabilitation
- Pain and suffering compensation
- Emotional trauma and psychological counseling costs
- Loss of future earning capacity if injuries impact career potential
- Educational support and accommodations
- Permanent disability or disfigurement compensation
- Loss of quality of life and enjoyment of activities
- Specialized medical equipment needs
- Long-term care costs if required
- Recovery for future medical treatments as they grow
What Role Does Minnesota’s No-Fault Insurance Play in the Injury Claims Process?
Minnesota operates under a no-fault insurance system, which affects how injury claims work. Your child’s medical bills and other expenses should first go through your Personal Injury Protection (PIP) coverage, regardless of who caused the crash. However, severe injuries might qualify for additional compensation through a liability claim against the at-fault driver.
Can I Sue Beyond No-Fault Coverage on Behalf of My Injured Child in Minnesota?
In Minnesota, you may have the right to pursue a lawsuit beyond no-fault insurance coverage if your child’s injuries meet the state’s severity threshold. No-fault insurance provides immediate medical benefits, while more serious injuries often justify seeking additional compensation through a liability claim.
To be eligible to seek additional compensation beyond what no-fault insurance provides, your child must meet one of Minnesota’s tort thresholds:
- Medical expenses exceeding $4,000
- Permanent injury or disfigurement
- 60 days or more of disability
- Permanent scarring or disfigurement
- Fatal injuries
Why Should I Consider Working with a Personal Injury Attorney?
Having a skilled attorney managing your case can significantly impact the outcome of your claim. Here are some key ways they can assist you:
- Navigate legal complexities: Personal injury cases for minor children involve intricate rules and regulations. Our experienced injury lawyers understand these complexities and can guide you through each step, ensuring you meet all legal requirements and deadlines.
- Communicate with insurance companies: Our attorneys are skilled negotiators and can manage communications with third parties, including insurance companies. This can give you the peace of mind you need to focus on your child while also protecting you from being pressured into accepting a low settlement.
- Gather and present evidence effectively: We know what evidence is needed to build a strong case on your child’s behalf, including medical records, police reports, witness statements and other evidence. When necessary, we work with experts, including medical professionals or accident reconstruction specialists to help build a compelling case that establishes the full extent of your child’s injuries.
- Ensure that your child’s rights are fully protected: At TSR Injury Law, we are committed to protecting your child’s best interests, advocating for full and fair compensation.
Need Legal Help After a Minnesota Crash? Call TSR Injury Law Today
TSR Injury Law has a history of proven results, and we are committed to holding at-fault parties accountable for the damages they cause.
Take the next step in getting compensation for your child’s injuries. Call TSR Injury Law. We charge no upfront costs or fees. Our firm takes injury cases on contingency, which means we only get paid if you do.
TSR Injury Law. We get results for you. (612) TSR-TIME
.