Tips for Bringing a Personal Injury Claim on Behalf of a Child


An accident can be emotional and distressing at the best of times, but when a child is involved, emotion can double in intensity and be a lot to deal with. Not only is there the risk of the child being injured, but an accident can result in long-term emotional effects that could alter that child’s life. As a parent or guardian, you may also experience feelings of guilt and trauma as you believe it is upon yourself to protect that child from harm. While accidents can and do happen, we can avoid this reasoning and put a lot of blame on ourselves.

However, if your child has suffered injuries from an accident, how can you make a claim? For starters, you (the parent/guardian) will have to act as their representative and bring those claims against the injuring party. You will also want to contact a lawyer who can get you the best settlement possible and help you navigate this confusing legal roadmap. 

Has your child been recently injured? Here are tips on how to bring a personal injury claim on behalf of your child so that you get the compensation that you deserve.

Understand Who Can Claim

Your child is a minor and therefore they are unable to make the claim themselves. A responsible adult (usually the parent or guardian) is appointed to represent the child and would be the only one to file for a compensation claim on their behalf. Typically, the responsible adult who has filed the claim will take on all responsibilities and make the decisions on behalf of the child too. As role of responsible adult, it is their duty to protect the child and ensure that they are kept safe and are not at risk of being harmed during the legal process. Parenting after a traumatic event is never easy, and the compensation you deserve could help you support your child. 

Remember the Details to Help Your Case

Like with any accident, you will want to ensure that you note down any details that could help you win the case. The more information you have to put forward, the more likely you can prove that the accident was unavoidable and that the injuries the child has incurred were unjust and at the hand of someone else’s negligence. 

Details that can help you with your case include:

  1. Noting down the date and time of the accident. Try and do this as soon as any accident happens, but if you are unable to do this or you forgot, then try your best to deduce the time of the accident as best as you can. You may wish to ask witnesses.
  2. Where the accident happened. Take photos of the accident so that you have evidence and can best explain how the accident played out and show whether there are any abnormalities in the photos, e.g., is the person’s car on the wrong side of the road and was that the cause of the accident?
  3. Any witness details, e.g., their phone numbers, address, email, etc.
  4. The name, address and contact details of the person responsible for the accident
  5. The name of the police station that reported to the accident

Find a Reliable Lawyer

The success of your case is in the hands of the lawyer you choose to represent you and your child. Therefore, you will want to ensure that you have chosen a lawyer who has experience in practicing such law and who can build a solid case. Horst Shewmaker, for example, is made up of a team of personal injury trial attorneys who can help represent the injured child and explain the process to you so that you understand the next steps. They can also talk you through any similar cases they have won in the past. 

No matter the scale and size of the accident, when a child is involved, the impact of an accident can become tenfold. Therefore, as the best way to ensure the livelihood of the injured party, you should help them gain the compensation that they deserve. 

About Author

LaDonna Dennis

LaDonna Dennis is the founder and creator of Mom Blog Society. She wears many hats. She is a Homemaker*Blogger*Crafter*Reader*Pinner*Friend*Animal Lover* Former writer of Frost Illustrated and, Cancer...SURVIVOR! LaDonna is happily married to the love of her life, the mother of 3 grown children and "Grams" to 3 grandchildren. She adores animals and has four furbabies: Makia ( a German Shepherd, whose mission in life is to be her attached to her hip) and Hachie, (an OCD Alaskan Malamute, and Akia (An Alaskan Malamute) who is just sweet as can be. And Sassy, a four-month-old German Shepherd who has quickly stolen her heart and become the most precious fur baby of all times. Aside from the humans in her life, LaDonna's fur babies are her world.

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