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You are here: Home / Blog / How to File a St. Louis Car Accident Injury Claim for a Minor

How to File a St. Louis Car Accident Injury Claim for a Minor

May 11, 2020 by Christopher

Minors are just as exposed as adults when it comes to road accidents. Unfortunately, since cars are very often used as family vehicles, minors do get injured in crashes and even lose their life. Since minors don’t have the possibility to enter a contract or negotiate a settlement, the personal injury claim must be done by someone else.

If your child was hurt in a car accident, it’s important to know that claims made in their name will be handed a bit differently than a personal injury claim made for an adult.

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Missouri Law in Car Accident Claims for Minors

First of all, Missouri and other states have laws that require any personal injury settlement for a minor to be approved by the court. This is done in order to make sure that the child’s best interests are protected and that they are not compromised by an unwise or ill-intentioned parent or guardian. 

There is also a difference when it comes to the statute of limitations or the period of time that you can use to make your claim. In a civil case of personal injury for an adult, the statute of limitations is up to two years from the discovery of the injury. When a minor is the injured one, the statute of limitation extends until the victim is 21 years of age.

What Is a Friendly Suit?

Since a minor doesn’t have the assumed necessary judgment to evaluate their settlement, their case must be brought to court. In most cases involving a minor with injuries, the matter is solved through a “Friendly Suit”, a court suit where all the involved parties have similar interests and cooperate to ensure the minor’s protection. 

At this point, the parents or guardians of the minor cannot represent the victim by themselves, and a lawyer will be appointed. There is also added flexibility when it comes to the county where the lawsuit must be filed. If it’s too difficult for the plaintiff to file the lawsuit in the county where the injury occurred, the suit may be moved somewhere more convenient. 

During a friendly suit for a child’s personal injury claim, the terms of the settlement and circumstances of the accident are discussed in front of the court, and expenses are being laid down in detail. The court not only supervises that the amount is just, but also that it will be spent in the minor’s best interests. 

Since personal injury suits involving minors have to be handled by attorneys, the minor’s parents or guardians have the best chance of getting a fair settlement by speaking with an experienced St. Louis car accident attorney. They will have the expertise and qualifications to help you file a claim on behalf of your minor child.

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Filed Under: Blog Tagged With: Child Safety

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    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.