Can Children Make a Personal Injury Claim for an Accident?

"Colson Hicks Eidson is recognized as one of the top litigation firms in the country, handling local, national and international litigation for a wide range of clients." - Chambers USA

May 22, 2017
Colson Hicks Eidson

Children make a personal injury claim or insurance claim after an accident through their parents or guardians. In this video, attorney Patrick Montoya explains how the needs of the child moving forward are the paramount concern, and he offers some examples of children’s cases he’s handled.

Video Transcription:

We’ve had any number of a tragic death cases involving children, and also those that are severely injured. We’ve represented several clients whose children have either been paraplegic or quadriplegic. Those cases are particularly challenging because of the needs going forward for the children. Many times, the children mentally are doing well, but their bodies just won’t do what they need them to do. Obviously, a paraplegic, quadriplegic, they can’t move their limbs and it puts some very special stresses on parents that they wouldn’t normally have. What we try to do is get our team of experts, of professionals, whether they be in the rehabilitation fields, the medical fields, or the academic fields to help and try to assist these families. Many times we act as counselors for the parents as well. We frankly become very close to these families, because all you have to do is put yourself in the family’s position. If it were your child or your loved one, what type of help would you want? What type of response would you want from your lawyer when they call you? And they want to know what’s going on in their case, what they can do.

In terms of the cases that we’ve worked on, we’ve had children that have been run over by cars after school, where roadway signs or crosswalks are done improperly, we’ve represented children who have been killed on the way home from school as the result of a negligent driver. We’ve had other children who, for example, were at a waterskiing camp and there were no warning signs at the dock where the children waterskiing. The first day, the first hour a child got there, the first thing they did was run down to the dock to go jump into the water. What they did is, they put a dock in a very shallow area. The child dove in, hit his head, and became a quadriplegic. The case seems pretty simple, because somebody should have warned the child, or pulled the child aside knowing that they’re children. That’s what children do. They run down, and they jump, and do things that we would expect them to do. But the challenge going forward was how to provide for this Child for the rest of his life. And with a settlement we were able to achieve in that case, we think we’re able to do that. For more information, you can contact Colson Hicks Eidson at our website