Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who sue in these cases and they sue on behalf of their children, with their children eventually receiving the monies won in the case.
How Does it Work?
In cases where parents sue on behalf of a child, there are oftentimes separate damages sought for the parents and for the child. The aforementioned injury/malpractice during birth cases are good examples of this. If a child is diagnosed with cerebral palsy due to medical negligence, it means that both the parents and the child will be facing very high costs due to the condition. The parents will have to provide for the child as long as they’re able and, once the parents are gone, that child will have to fend for themselves.
It’s not uncommon for parents to seek money to cover their own expenses as well as money for their child. This sometimes takes the form of multiple cases. The child will receive the money upon reaching a certain age or based on another condition. In most cases, the parents will not be able to access the child’s money at all, which prevents parents who might exploit their own children’s hardships from doing so.
Working with the Lawyer
Your attorney will have you fill out forms that allow them to serve as your child’s legal counsel. If your child does end up winning the lawsuit, the money will be distributed via a check, which will usually be made out to the parents. There will be a separate conference where this will be approved. There may be other elements that apply in your case, so it’s important to talk to your attorney.
If your child has suffered an injury that will eventually cost them a great deal of money to deal with, suing on their behalf can be a good option for parents. There are cases when the one who was wronged is also the one who is most vulnerable but, because children cannot bring lawsuits on their own, it’s up to their parents to stand up for them and to find a good attorney, in some cases.