Was your child injured in a motor vehicle accident or as a result of someone’s negligence?
Clark Law and Associates handles cases in which minor children are injured as a result of someone’s negligence, including situations involving:
- Auto Accidents
- Dog Bites
- Exotic Animal Bites
- Premises liability, including attractive nuisance claims
- Product Liability
- Medical malpractice claims
- Injuries as a result of assault or sexual abuse
Who hires a lawyer for a child in a personal injury claim?
Unless the minor is emancipated, a parent or legal guardian signs a fee agreement on behalf of a minor child for a personal injury case.
Who is the Plaintiff in a child’s personal injury claim?
In order to file a lawsuit, the child must be appointed a guardian ad litem approved by the court. This is usually one of the child’s parents or guardians who preferably has a clean criminal record and no recent bankruptcy filing.
When there is a settlement or award in the child’s case, how is the money distributed?
The money is distributed as follows:
- Attorney’s fees and expenses. If someone other than the attorney advanced litigation costs, then these are usually reimbursed to the person who advanced the litigation costs.
- Governmental or insurance liens for medical bills paid in relation to the case.
- Unpaid case-related medical bills are paid. Or, if someone other than a governmental agency or insurance company paid the child’s medical bills in relation to the case, such as the parent, then this person is reimbursed out of the settlement.
- The minor child gets what is left after all of the above are paid as compensation for his/her non-economic damages, which includes pain, suffering and inconvenience.
Who receives the child’s money? The child should receive money for his/her non-economic damages. Clark Law & Associates, LLC follows all legal requirements for distribution of a minor’s funds under Oregon law. The applicable statue for Oregon law is ORS 125. The purpose of the statute is to require that the funds be protected until the minor child’s 18th birthday.
What is the statute of limitations for an Oregon child personal injury claim?
To be on the safe side, all Oregon personal injury claims should be filed within two years of the incident. If a parent has paid incident-related medical bills on behalf of a child, then a lawsuit for reimbursement of the medical bills should be filed within two years of the incident. ORS 12.160 allows for some leeway in the statute of limitations for a minor child. The time for filing a lawsuit may not be extended more than five years or for more than one year after the minor child turns 18 years of age, whichever occurs first.
How soon do I need to contact an attorney for my child’s personal injury claim? It is important to seek legal help as early as possible for your child’s injury claim. Not only do you want to make sure that your child’s incident-related bills are paid, you want your child’s financial future to be secured with any non-economic damages that the child deserves. If a doctor states that your child will have future incident-related medical bills, your child will need compensation. Prior to filing a lawsuit, medical records and bills and other evidence must be gathered. Advance notice to the at-fault party should also be given. Many cases can be settled without the need for a lawsuit, so long as the case is settled before the statute of limitations.
Call (503) 238-1010 for a free initial phone consultation.
Disclaimer: Legal information on this site may not be timely updated. Any information on this sit is not a substitute for an attorney to analyze the law in relation to your case.