Monday, September 17, 2007

Accident Involvement by a Minor

My fellow California accident lawyer once told me in our previous conversation that he is wondering why he got hooked in providing legal services to child victims of accidents. For such, he further said that he is planning to form a group of lawyers advocating the cause of protecting the rights of these young sufferers.
Primarily, minors are not allowed by the law to file their own accident claims in California practically because they are presumed not having the proper insights yet to undergo any legal obstacle. Hence, their parents commonly do the task of making such actions for them. However, in the absence of their parents, a court duly appointed guardian may become a substitute to represent their interest.
In common, accident claims are bound by the statutes of limitation (SOL), but not in the cases wherein minors are involved. In many states in the U.S., children victims are given longer period to file their complaints. This is maybe because they will be dealing with a more complicated legal procedure.

In some states, these minors are given much time until they have reached the legal age of 18 before they may file their own personal injury lawsuits. For an instance, if a 10-year-old boy has sustained an injury from a car accident, the SOL may be suspended by the court and have the normal deadline for filing his case be set prior to his 18th birth date.
Meanwhile, if a minor’s lawsuit has succeeded, it is very usual that his recoveries will be put in a trust fund named after him. He may only utilize this money only after he turned 18 yrs. old or as advised by the court that handled his case.
Finally, I should commend my comrade for advocating the cause of child accident victims. Many other legal professionals should follow his steps, willing to devote some of their time in protecting the rights of children without any monetary considerations.