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Can I File a Personal Injury Lawsuit on Behalf of My Child?

Child’s personal injury

The Center for Disease Control (CDC) reports that more than 9 million child injury emergency room visits occur each year. If a child suffers an injury due to someone else’s negligence, the parents or legal guardian can file a personal injury claim on the child’s behalf. However, a child’s age and mental condition significantly influences how parents should handle the case. If your child has been injured in an accident, you should obtain the help of a skilled personal injury attorney as soon as possible.

If Your Child is Under the Age of 18

If your child is below the age of 18, he or she is incapable of entering into a binding legal contract. Therefore, your child cannot file a lawsuit on his or her own. As a parent or legal guardian, with the help of a personal injury attorney, you can file a lawsuit on behalf of your child. However, this must be done within a specified period of time.

If Your Child is Over the Age of 18

If your child is 18 years of age or older, you have no legal grounds to file a lawsuit on your child’s behalf. However, if your child is emotionally or mentally incompetent or if your child names you as a legal representative, you can take legal action on behalf of your child.

Was Your Child Injured Due to Someone Else’s Negligence? Contact a Personal Injury Attorney.

If your child has been injured as a result of someone else’s negligence or misconduct, you need a strong and determined attorney. Contact Marvin A. Cooper, P.C., a personal injury attorney that has been helping injury victims since 1960 and can help you too. Call 914-357-8911 or 718-619-4215 or email

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