Generally, when children are injured in accidents caused by their parents, the child has to, in effect, sue their own parent to get compensation. Parents should understand that the claim is really against the insurance company.
We understand that this may be difficult for the family, but it is important that an injured child get compensation for medical expenses, cost of care, physical pain, emotional distress, disability, disfigurement and other damages.
The injured child needs to have a lawyer, but the parent generally does not hire a lawyer because the parent’s insurance company has its lawyers take care of all legal issues for the parent. This is because when a settlement or verdict is reached, the money is paid to the child (actually to a trust for the child) by the insurance company, up to the p0licy limit. The insurance company wants its lawyers to have control over the defense (the parent’s side) because it wants to do what it can to pay as little as possible.
When we represent a child, we investigate the car accident and gather evidence. When we have enough evidence to support the child’s claim, we send the parent’s insurance company a demand letter, which outlines the evidence and requests payment of money damages. This is the beginning of the negotiating process. We file a lawsuit if a settlement can’t be negotiated, and the negotiating continues as we prepare to take the case to trial. All of this can be difficult for the family, particularly the at-fault parent. We are sensitive to this.
You probably have questions. You can contact Fred Pritzker and his team of lawyers for a free consultation (click here now) and find out what you need to do to get compensation for your injured child.
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