Can I Get an Oklahoma City Personal Injury Lawyer on Behalf of My Child Who Was Injured in an Accident?

It is no secret that kids have accidents. According to data cited by Child Stats, American kids (ages 1 to 14) make more than three million emergency room visits for injuries each year. If your child was hurt because of the negligence of another party—whether a motorist, a property owner, a daycare facility, or a school—your family needs justice and compensation. This raises an important question: Can I file a personal injury claim on behalf of my child? In Oklahoma, the answer is a clear and resounding “yes”—though the court will have some additional oversight over the legal process. Here, our Oklahoma City personal injury lawyer provides a guide to child injury claims in Oklahoma.

Parents can Bring Personal Injury Claims on Behalf of Child in Oklahoma

A minor cannot file a personal injury claim on their own behalf in Oklahoma. To be clear, this certainly does not mean that they are not protected by the state’s legal system after an accident. A child’s parent or legal guardian has the right to file a personal injury claim on their behalf. In other words, if your child was hurt in an accident caused by negligence, you can bring a personal injury claim or, if needed, file a personal injury lawsuit to seek financial compensation for them. By filing this claim, parents can ensure that their child’s rights/interests are properly protected and that they receive the compensation that they need to cover costs and provide support.

Long-Standing Law: Court Approval for Child Personal Injury Settlement ($1,000 or more)

While parents have the right to bring a personal injury claim on behalf of a child in Oklahoma, it is important to know that state law requires courts to provide additional oversight over these cases to protect the best interests of the child. Under Oklahoma law (Oklahoma Statutes §12-83), a personal injury settlement involving a minor that exceeds $1,000 requires court approval. Of course, given the cost of medical care, virtually all legally actionable personal injury cases exceed this standard—meaning Oklahoma statutes require court approval for most personal injury settlements on behalf of minors. During the approval process, the court reviews the terms of the settlement to confirm that it is best for the child. A court may require certain settlement funds to be set aside in a protected account for the child. However, that is a case-specific determination.

Note: A recent legislative reform offers an alternative option for families.

2022 Reform in Oklahoma: Streamlined Process for Certain Child Injury Cases

In 2022, Oklahoma law was updated in order to make the child injury claims process easier and more efficient for families. Specifically, the parents of an injured child may be permitted to use the “Friendly Suit” process to allow for court approval of settlements involving minors. A child’s parent or legal guardian may be able to settle a personal injury claim for a child for up to $25,000—excluding their out-of-pocket expenses (medical costs) and attorneys’ fees—without prior court approval. To use this option, parents or guardians must submit an affidavit ensuring full compensation to the minor. A settlement must be deposited into a trust or savings account solely under the minor’s name and accessible only when they reach the age of majority. Depending on the specific nature of the case, this may or may not be a desirable option for your family.

You Need a Lawyer With Experience Handling Child Injury Claims

Child injury claims are complicated. Challenges can arise for a wide range of different reasons. For this reason, it is crucial that parents of an injured child consult with an Oklahoma attorney who has relevant legal expertise. A top-rated Oklahoma child injury lawyer can review the case, answer questions, investigate the accident, handle Oklahoma’s process requirements, and take legal action to ensure that your family gets justice and the maximum financial support.

Contact Our Oklahoma City Child Injury Attorney for a Free Consultation

At McGuire Law Firm, our Oklahoma child injury lawyers are proud to put people and families hurt. Have any questions about bringing a personal injury claim on behalf of a child? Our legal team is ready to help. Contact us right away to set up your no-cost, no-obligation case evaluation. We handle child injury claims in Oklahoma City and throughout the wider region.