In Arizona, parents or legal guardians have the legal right to file a personal injury lawsuit on behalf of their minor child who has been injured in a car accident due to another party’s negligence. This ensures that minors receive the compensation they are entitled to for medical expenses, pain and suffering, and other related damages.
In the case of Estate of DeSela v. Prescott Unified School District, a minor sustained a life-threatening injury at Prescott High School. The minor’s mother assigned her right to recover medical expenses to her child before the statute of limitations expired. The Arizona Court of Appeals ruled that such an assignment is valid, allowing the minor to pursue compensation for medical expenses. This case underscores the importance of timely legal action and the rights of minors to seek damages through their guardians. [Source: Schmidt, Sethi & Akmajian]
Under Arizona law, minors cannot file lawsuits on their own. Therefore, a parent or legal guardian must act on their behalf. According to Arizona Rule of Probate Procedure 53, any settlement involving a minor’s personal injury claim requires court approval to ensure it serves the child’s best interests. This legal safeguard ensures that the compensation awarded is appropriately managed for the minor’s benefit. [Source: Marco Injury Law]
Typically, Arizona imposes a two-year statute of limitations for personal injury claims. However, for minors, this period is tolled until they reach the age of 18. This means that the two-year period begins on their 18th birthday, effectively extending the timeframe to file a claim. Despite this extension, it’s advisable to initiate legal proceedings promptly to preserve evidence and witness testimonies. [Source: Karnas Law Firm]
If your child has been injured in a car accident, it’s crucial to consult with experienced personal injury attorneys who can guide you through the legal process. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for injured minors and their families. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. [Source: attorney Jack Hirsch]
For more information on how we can assist you, visit our page on personal injury attorneys. To understand why injured Arizonans choose us, see why injured Arizonans choose us. For details on our fee structure, refer to our fee structure.
Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your child’s case and explore the best course of action.
