If your child has been injured in an accident caused by someone else’s negligence, you may be wondering whether you can file a personal injury lawsuit on their behalf. The answer is yes, you can. In fact, Michigan law allows parents or legal guardians to bring legal action on behalf of a minor child who has been injured.
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Understanding Personal Injury Lawsuits in Michigan
Personal injury lawsuits in Michigan are filed in civil court. They are designed to hold the party responsible for the accident accountable for their actions and to compensate the injured party for their losses. These may include medical bills, lost wages, and pain and suffering.
Who Can File a Personal Injury Lawsuit on Behalf of a Child?
In Michigan, a parent or legal guardian can file a personal injury lawsuit on behalf of their child. However, there are some restrictions. The child must be under the age of 18 at the time of the accident in question. If the child is over the age of 18, they will need to bring the lawsuit themselves.
In addition, the parent or legal guardian filing the lawsuit must have legal custody of the child. If one parent has sole legal custody, they may file the lawsuit on behalf of the child. If both parents have joint legal custody, they will need to file the lawsuit together.
How to File a Personal Injury Lawsuit on Behalf of a Child
If you decide to file a personal injury lawsuit on behalf of your child, there are several steps you will need to take.
Step 1: Contact an Attorney
The first step in filing a personal injury lawsuit on behalf of your child is to contact an experienced personal injury attorney. They will be able to evaluate your case and help you determine whether you have grounds for a lawsuit.
Step 2: Gather Evidence
Your attorney will need to gather evidence to support your case. This may include medical records, police reports, witness statements, and other documentation related to the accident.
Step 3: Determine Damages
Your attorney will also need to determine the damages your child has suffered as a result of the accident. This may include medical bills, future medical expenses, lost wages, emotional distress, and pain and suffering.
Step 4: File the Lawsuit
Once your attorney has evaluated your case and gathered evidence, they will file the lawsuit on behalf of your child. The defendant will then be served with a copy of the lawsuit and have a set amount of time to respond.
Step 5: Settlement or Trial
After the lawsuit is filed, the case will either settle or go to trial. Your attorney will work to negotiate a fair settlement with the defendant’s insurance company. If a settlement cannot be reached, the case will go to trial.
Special Considerations for Filing a Personal Injury Lawsuit on Behalf of a Child
If you decide to file a personal injury lawsuit on behalf of your child, there are some special considerations to keep in mind.
Statute of Limitations
In Michigan, there is a statute of limitations for personal injury lawsuits. This means that you only have a certain amount of time to file a lawsuit after an accident. For personal injury lawsuits, the statute of limitations is three years from the date of the accident. However, if the injured party is a minor, the statute of limitations is extended until their 19th birthday.
Structured Settlements
If your child is awarded a large sum of money in a personal injury lawsuit, the court may require that the settlement be paid out over time in what is known as a structured settlement. This is designed to ensure that the child has money to cover future medical expenses and other costs as they arise.
Guardianship Requirements
If your child is awarded a settlement in a personal injury lawsuit, you will need to make sure that you have the legal authority to manage the funds on their behalf. This may require establishing a guardianship with the court.
Conclusion
If your child has been injured in an accident, you have the right to file a personal injury lawsuit on their behalf. Working with an experienced personal injury attorney can help you maximize your chances of success and ensure that your child receives the compensation they deserve.