Can I Sue on Behalf of My Injured Child After a Car Accident?
North Carolina law states that a minor child does not have the ability to sue or be sued. However, a child is able to sue for damages with the help of a Guardian ad Litem (GAL). The GAL is a third party that will represent the child and his/her injuries.
The child’s parents or legal guardians have the claim for the medical bills for the child and can sue for these damages. NC law entitles a person who is injured to recovery for their injuries. This is true for minors who are injured too.
Two Claims
When a child is injured In a North Carolina car accident due to someone else’s negligence there are two separate claims that arise.
- The first claim, usually brought by the parents or guardian of the minor, is for the recovery of the medical bills, expenses and treatment of the child. If it becomes necessary, the expenses may be recovered through a lawsuit in the parents or legal guardian’s names.
- The second claim belongs to the child which may be taken to court through the child’s Guardian ad Litem (GAL).
Compensation for Children Injured in Car Accidents
In North Carolina, a minor cannot receive settlement funds until they reach the age of 18. The settlement is kept in an interest-bearing common fund by the Clerk of Superior Court. The clerk will charge a fee to hold the funds. However, the small amount of interest that accrues usually covers the cost of the Clerk fee.
There is one exception to holding the settlement in a common court fund. This is called a structured settlement. Instead of the Clerk holding the funds, the funds are used to buy an annuity. The annuity has favorable interest when compared to the common fund. The parent or guardian of the child decides the terms of the structured settlement.
Who Can Serve as a Guardian ad Litem in North Carolina?
The Guardian ad Litem representing the minor is appointed by the court to protect the interest of the child and ensure any settlement is fair. The GAL must be a disinterested third party approved by the court. The Guardian ad Litem is usually a family member (such as a grandparent) or attorney. Furthermore, since minor children are not able to make their own decisions, no settlement is final until it has the final approval of a judge.
Insurance Companies and Settlements for Children Injured in Car Accidents
It is common for insurance companies to settle a personal injury claim involving a minor by simply giving the check to the parent and avoiding any judicial approval. Should the parties to the minor’s settlement fail to seek judicial approval of the settlement, the minor may not be bound by the terms of the unapproved settlement when reaching the age of 18 years old.
However, most insurance companies do require judicial approval of any minor settlement if the child’s injury is significant. This is generally considered to be at least $3,000.
In the case of very serious or debilitating injuries, there are many issues that must be addressed. In these cases, it may be important to hire an attorney. Riddle & Riddle Injury Lawyers is here to help. Our attorneys have over 171+ years of combined legal experience and can answer any questions you may have.
We’ve handled many cases involving minors injured in car accidents in NC, and know how to pursue these claims with the insurance companies. Please call (855) 652-2049 today and let’s review your case.
What people are saying about Riddle & Riddle Injury Lawyers:
- “Riddle & Riddle Injury Lawyers was extremely diligent in handling the case … I will always be thankful because this settlement changed me and my family’s lives. Thank you for a job very professionally done.” –Linda B.
- “My experience with the law offices [of Riddle & Riddle Injury Lawyers] was superior.” -Anashia Chalmers
Navigating complicated laws while advocating for the best interest of a minor who is hurt in an accident can be complicated. Riddle & Riddle Injury Lawyers is ready to help. Justice Counts for you and your loved ones. Justice Counts™ for minors.
Remember, if we don’t recover compensation for you, you won’t pay any attorney fees.
Contact a Personal Injury Lawyer from Riddle & Riddle Injury Lawyers for Help Today
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
