Can I File A Personal Injury Claim On Behalf Of My Child In Tennessee?

Posted in Personal Injury on June 15, 2020

If your child has been injured due to the negligent actions of another person, then you are undoubtedly going through a stressful time. An injury to a child can be a scary experience for everybody in the family. As a parent, it is natural for you to want to fight to ensure that your child receives compensation for their injuries. You will have the right to pursue an insurance claim or file a personal injury lawsuit against an alleged negligent party on behalf of your child. Here, we discussed what this entails and what happens if a parent does not pursue compensation for their child.

If you are filing a claim against an insurer?

As a parent or legal guardian, you have the right to pursue injury claims on behalf of your child. Injuries to children can occur in a variety of ways, including car accidents, injuries on another person’s property, defective products, dog bites, and more. If another person caused harm to your child, whether intentionally or unintentionally, it may be necessary to file a personal injury claim against the negligent party’s insurance carrier. This may be an auto insurance carrier or a homeowners insurance carrier.

Insurance carriers are notoriously difficult to deal with, and they do not want to pay out large settlements on behalf of you or your child. That is why it is important that you gather all evidence related to your child’s injury in order to prove the liability of the other party. This includes obtaining video and photo surveillance of the incident, eyewitness statements, accident reports, and more.

As a parent, you need to ensure that your child receives prompt and continual medical attention for their injuries until they have reached maximum medical improvement. Their medical bills will be a large part of the insurance settlement.

What if you need to file a personal injury lawsuit?

If an insurance carrier refuses to offer a fair settlement for your child’s injury expenses, it may be necessary to file a personal injury lawsuit against the alleged negligent party. At this point, you should probably have spoken to a Tennessee personal injury lawyer about your case. A skilled attorney will have the resources and legal experience necessary to conduct a full investigation into the incident and secure the compensation your child needs.

Most personal injury lawsuits are settled before they go to a jury trial. However, these cases can become complicated, and there is a chance that a jury trial may be necessary if the at-fault party or their insurance carrier still refuses to offer a fair settlement.

What if the parent does not pursue compensation for their child in Tennessee?

In Tennessee, the statute of limitations for personal injury claims is one year from the date the incident occurs. This means that an injury victim has a one year window with which to make a claim against an alleged at-fault party. However, if a parent does not take steps to file a claim on behalf of their child, then the statute of limitations for the minor will be “tolled” or paused until the minor reaches the age of 18. At that point, the injured individual will have one year, or until the day they reach the age of 19, to file a personal injury claim on behalf of themselves.

Contact a Nashville Injury Attorney

The Nashville personal injury attorneys at Larry R. Williams, PLLC can help you pursue compensation for your child’s injuries. Contact us for a free case evaluation.