Serving Maryland and Washington D.C. 301-870-1200

Maryland Auto Accidents: My Child Was Injured, Do I Have a Personal Injury Claim?

Technically, your child has a personal injury claim. But, parents will be the persons that prosecute that claim on behalf of their child or children. Under Maryland law, all persons — including children — have the right to bring insurance claims and/or file personal injury lawsuits if they have been injured through no fault of their own in a Maryland car accident.

Settlements and personal injury compensation can be legally complicated in Maryland. So, if you and your child have suffered injuries in a Waldorf, Maryland, car or auto accident, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are seasoned, experienced, and top-tier Maryland car and auto accident attorneys. Here are a few salient differences between Maryland car accidents involving adults only and accidents that involve children.

One difference involves the possible need for court approval of any sort of settlement or court award. This is because children in Maryland — anyone under the age of 18 — are deemed not to have the legal capacity to make settlements on their own behalf. Thus, parents must act on their behalf. But, insurance companies are careful about issuing settlement checks since there is the possibility that when a child turns 18, they could reject the settlement. Thus, many times, insurance companies will insist upon some sort of court approval of a settlement.

Another difference is how any settlement or judgment award money must be maintained. Since the money is to compensate the child or children for their injuries, the money cannot be kept and used by the parents. Thus, any settlement for the child or children must go into special bank accounts under the child’s name (if the amount is less than $5,000) or into a trust account for the benefit of the child under the court’s strict approval (if the amount is more than $5,000).

Another difference relates to categories of damages. In general, any injured victim can claim compensation for medical bills, damage to property (like a vehicle), pain and suffering, trauma, etc. However, lost wages as a category of damages is, for obvious reasons, more difficult for children. Adults may miss a number of days of work as they recuperate and heal. Those lost days of wages and income are compensable. Children do not miss days of work because they are not working. That being said, if the injuries are severe enough and will cause long-term disability, then a claim can be made for long-term loss of earning capacity. That can be difficult to prove but is a potential claim. It should also be noted that children can lose “days of learning” while they recuperate. In some cases, such lost “days of learning” could be compensated by allowing a sum of money to cover tutoring or other methods of making up for those lost days of learning.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.