Parents are often walking a fine line between protecting their teens and letting them have some freedom. While most parents aren’t going to let their teens run around all night, there are times when curfew can be extended. Whether it’s an after-prom party or a late night at a music festival, parents hope their teens stay safe. Unfortunately, accidents can happen.
The common injuries teens sustain at music festivals can range from cuts, bruises, and broken bones to something more serious like a traumatic brain or spine injury. Since adults can usually file a personal injury claim after an accident, does the same legal right also apply to teenagers? In other words, can a minor file a personal injury claim in New York?
Can Minors File a Personal Injury Claim in New York?
Minors tend to have almost the same legal rights as adults when it comes to personal injury law. Everyone has the right to seek financial compensation regardless of their age. So, if your teen is under 18 and injured at a music festival they may be eligible to recover compensation.
However, just like adults, the accident must be caused by someone else’s negligence. If your teen is responsible for the accident, you’re probably stuck only filing a claim with your insurance provider.
Okay, so teens can recover financial compensation if they’re not the liable party. Does this mean teens can file an accident claim? In New York, the answer is no. You must be at least 18 years old to file a personal injury claim in New York state. This law isn’t limited to just New York, it applies in every other state.
Teens Need Guardianship and Legal Representation
You already know your teens still need a bit of guidance and this definitely applies to filing a personal injury claim. Accident claims involving minors are often complex. Even a simple accident can turn into a tangled legal mess when a minor is injured.
The law prohibiting minors from filing injury claims and lawsuits is in place to protect your teen’s legal rights. As the parent of the injured teen, you should be able to handle the legal process for them. The other option is for the teen’s legal guardian to file a personal injury claim. If the teen doesn’t have a legal guardian, the court can and usually does step in.
The court can appoint a temporary guardian. This type of guardianship only lasts while the accident claim is ongoing. The guardianship also only applies to the injury claim process. In other words, a court-appointed guardian can’t make decisions about the teen’s education. Their decision-making ability only extends to the accident claim.
Pay Attention to New York’s Statute of Limitations
All states have deadlines for filing a personal injury claim. Known as the statute of limitations, these deadlines typically range anywhere from one to four years. New York gives most accident victims two years to file an injury claim. The clock starts ticking the day the accident occurs.
While most accident victims have two years under New York’s statute, it’s a little different for teens. The statute of limitations for teens doesn’t kick in until they turn 18. So, if your 14-year-old is injured at a music festival, you have four years until the clock starts ticking on their accident claim.
Even though the statute is paused, it doesn’t necessarily mean it’s a great idea to wait. Evidence can be lost and witness memories turn fuzzy, making it harder to prove your teen’s accident claim. Usually, it’s best to get started as soon as possible on an accident claim.
Steps to Take After an Accident Involving a Teenager
Even though some legal aspects are a little different in a teen injury claim, the essential steps to take after the accident are the same as if you’re an adult.
Seek Immediate Medical Treatment
Teens can be resilient and may not have visible injuries after an accident, but this doesn’t mean you should skip taking them to visit a healthcare provider. Not all injuries are immediately obvious. Some, like contusions, can take a few days before symptoms start to appear. Internal bleeding is another injury you may not be aware of. If left untreated, the condition can become life-threatening.
A physician can run diagnostic tests to check for unseen injuries. The doctor’s visit also serves another purpose, you’re documenting your teen’s injuries. If you’re planning on claiming compensation for the accident, you’ll need to provide proof of injuries.
Report the Accident to the Authorities and Concert Venue
This should be one of the first things you do after the accident unless the injuries are severe. In this case, your teen should seek immediate medical attention. You can follow up with the accident report after receiving medical treatment.
Who do you file the accident report with? Don’t worry about locating the appropriate personnel. Most concert venues ensure they have plenty of staff roaming the grounds ready to assist visitors. An employee can take your report or put you in contact with the right person. Filing an accident report with the concert venue is basically the same as filling out a traffic collision report with the authorities. Even the questions are similar.
Don’t forget to ask for a copy of the accident report. You’re going to need a copy of the accident report to file a personal injury claim. The report serves as proof the accident occurred. Without it, the insurance company only has your word. If you can’t get a copy of the report, don’t panic. Instead, contact a personal injury attorney. Your attorney can file a Motion for Discovery. This compels the at-fault party to turn over the report and any additional evidence.
Don’t Skip Hiring a Personal Injury Attorney
Recovering compensation for an accident involving your teen can be complicated. New York has specific laws impacting teens and personal injury claims. To help ensure your teenager can recover compensation, work with an experienced New York personal injury attorney.
