Setareh Law
January 25, 2025
The law provides clear direction when adults commit wrongs against one another. For example, a person can sue the at-fault party if he or she is the victim of a car accident, personal injury, or general negligence, including child accident injuries. However, what happens if the accident is caused by a minor? And what if the offense was intentional?
A few variables can affect what happens after a minor causes a personal injury to someone else. If you have been involved in an accident or directly injured due to the recklessness of someone under the age of 18, it is advisable to partner with a dedicated attorney as soon as possible. For many years now, has successfully helped our local community with their various personal injury needs and would love to do the same for you today.
Understanding the Intricacies of an Accident Caused by a Minor and Their Legal Guardian
To get a better understanding of what the aftermath of your personal injury accident may look like, we have broken the types of potential accidents down into the following three categories:
Understanding the intricacies of personal injury claims involving minors is crucial for navigating the legal landscape.
Workplace Accidents and Medical Expenses
In California, the minimum legal age to work is 14, and the minor must have a permit to work. In addition, the minor’s place of business must have a permit to employ minors. If a minor was negligent in their duties at work and caused someone to slip and fall on the premises, the business can be held responsible for the damages that the minor caused.
Mistakes happen, and it is up to the workplace to ensure everyone is properly trained and provided with the necessary tools and training to work safely and efficiently. This scenario is often the simplest out of the three mentioned here due to the permit requirements of both the minor and the minor’s place of business. In such cases, personal injury attorneys can provide essential support in navigating the legal complexities and ensuring fair compensation.
Things get more complicated when a minor causes injury outside of the workplace.
Non-Work Related Car Accidents
Accidents involving minors outside of the workplace can be a little more complicated. Take, for example, an auto accident. Everyone is capable of making a mistake while driving; however, if a minor is found to be at fault for an automobile accident, some additional stipulations apply. Minors have little to no assets and often cannot pay the victims of the accidents that they cause.
This means that the victim of the accident cannot sue for emotional damages, such as pain and suffering. Still, victims can sue the parents or legal guardians of the minor for physical and economic damages that the minor may have caused. However, there is a cap on the total damages a victim can collect from the accident. To get a better understanding of the types of compensation you can obtain, our team is more than happy to devise a plan of action for your unique claim. In some cases, filing a personal injury lawsuit may be necessary to secure the compensation you deserve.
All cases, especially ones involving automobiles, are taken on a case-by-case basis and are considered carefully. Some questions that might be asked include:
- Was the minor traveling at an unreasonably high speed?
- Can the minor’s behavior be deemed reckless?
- Did a parent or guardian sign for the minor’s driver’s license, or is the minor driving without a license?
- Is there evidence of anything that could be considered parental neglect?
Even more questions arise when dealing with an intentional injury outside of work.
Intentional Accidents
Troubled youth can involve themselves in dangerous activities, such as gang violence, vandalizing personal and commercial property, and even unprovoked physical assault. Although there still may be a limit on how much money a victim may collect from the minor’s parents or guardians, the cap will be higher if the authorities deem the minor’s actions intentional and reckless. In such cases, a minor’s settlement agreement may be required to ensure that the compensation is fair and legally binding.
In this scenario, the victim can also sue for emotional and non-economic damages. This includes pain and suffering. However, certain factors, like parental neglect and abuse, can cause extenuating circumstances that affect the outcome of the case.
Filing a Personal Injury Claim
Filing a personal injury claim for a minor child in California can be a complex process. According to California law, a minor child is entitled to compensation for damages sustained due to someone else’s negligence. To initiate the claim process, a parent or legal guardian must file a petition on behalf of the minor child. The petition must include detailed information about the accident, the injuries sustained, and the terms of the settlement.
The court’s primary role is to ensure that the settlement amount is fair and that any associated costs, including attorney fees, are appropriate. In some cases, an expedited process may allow for approval without a formal hearing. It is essential to consult with a personal injury attorney experienced in handling minor’s compromise cases to ensure that the claim is filed correctly and that the minor child receives the compensation they deserve.
Medical Bills and Compensation
Medical bills can be a significant burden for families with minor children who have been injured in an accident. In California, minor children are entitled to compensation for medical expenses, lost wages, and pain and suffering. The settlement amount is typically placed in a blocked account or trust until the minor child turns 18. In special circumstances, the court may allow funds to be withdrawn before that time if it serves the minor child’s best interests, such as for medical expenses or educational needs.
Parents or legal guardians cannot access these funds without court approval. The courts are stringent about how these funds can be used to prevent misuse. If a parent or legal guardian wishes to access the settlement funds, they must file a Petition for Withdrawal of Funds from a Blocked Account. The court will carefully review the request to ensure that the funds are necessary and will be used in the minor child’s best interest.
Contact Setareh Law Today If You Have Personal Injury Claims Involving a Minor
Nobody deserves to pay the financial or physical price of another person’s negligence, even if they are under the age of 18. If you have fallen victim to physical harm at the hands of a minor, contact Setareh Law today for an unparalleled and professional roster of legal professionals and a free legal consultation. A personal injury lawyer can provide the necessary legal support to navigate your case and secure the compensation you deserve.
Our team is prepared to help you and your specific situation with years of cases to support us. While you focus on resting and recovering, we will get to work immediately collecting evidence, filing your claim, and fighting for a settlement offer worthy of your losses. For more information, call us at (310) 659-1826 or fill out our contact form. We also speak Spanish.
