Can my Child or Teenager Sue for a Car Accident?
Yes, but the parent of a child must bring the claim in court on behalf of the child if the son/daughter is below the age of 18 in Louisiana. Your pre-teen or teenager can be compensated for his or her injuries after a car accident. The offending driver must pay for medical bills incurred by your child as the result of the accident and any attendant pain and suffering. But the money due to your child will be paid to you as the representative of your child’s estate. Effectively, you will become the manager of your child’s money and hold it for them in trust until he or she reaches the age of 18.
Your child has rights to sue someone for the damages and harm they cause your child. But a child less than 18 years old does not have the legal capacity to sue yet, so the child must have a representative in court. Usually, this representative is the child’s mother or father.
But a child’s mother or father does not have to bring the child’s claim in court on their own. The mother or father can retain an attorney to prosecute a child’s civil injury claim against the defendant and the defendant’s insurance company. The child is too young to retain an attorney on his/her own, so the parent must.
The court, parents and the child’s attorney must act in the child’s best interest when handling and making decisions on behalf of the child. The law is set up to protect children in accident claims. For instance, the parent is required to hold any money obtained for the child in trust until the child reaches the age of 18. The parent must keep any money received on behalf of the child in a bank account, and the parent cannot take the money out without permission from the court until the child reaches 18 years old. If the child stands to net over $10,000 out of the settlement, the child’s attorney and parents must receive court approval.
Typically, the defendants’ attorney drafts a Petition for Approval of Minor Settlement and all of the attendant affidavits and provides them to the plaintiff attorney to obtain the parents’ signature. The court will require that a Tutor and Undertutor by appointed to watch over the child’s funds. Parents usually agree to be the Tutor and Undertutor but other family members can perform those roles as well.
In Louisiana, the law governing minor child settlements is established by La R.S. 9:196. If the child stands to receive less than $5,000 out of the gross settlement proceeds, court approval is not required. Plaintiff attorneys and parents should be careful though because a settlement where a child will net over $10,000 is not enforceable until it is approved by the court. Thus, certain issues with the statute of limitations could arise if settlement is not approved by the time the statute of limitations runs and a suit is not timely filed to toll the prescriptive period, which is usually 1 year in Louisiana (2 years in cases against UM carriers). However, some may argue that the statute of limitations does not start running on a child’s claim until he or she reaches the age of 18. It is always better safe than sorry, so a plaintiff attorney should always file suits on minor claims within one year of the accidents.
If you or child or teenager was injured in an automobile accident and need medical treatment, contact Law Office of Donald D’Aunoy Jr. today for a free consultation. Lawyer Don has offices in Laplace, New Orleans, Kenner, Harvey, and Metairie. Lawyer Don makes free house calls, and his phones are answered 24/7. Call him today at 504-508-6414.
