Serious car accidents can elicit various emotions, from shock and joy to rage and illogical behavior. It’s natural for these feelings to be amplified when traveling with our children along with us.
Nobody likes to prepare for the worst-case scenario.
But being prepared can make all the difference if you have to inform emergency services, “My child was in a vehicle accident.”
Even though no parent wants to find themselves in this position, it happens far too frequently — more than 120,000 children (12 and under) were wounded in car accidents last year.
If you’re a parent, the last thing you want to watch is your child suffer.
That’s why vehicle accidents are so horrifying. Personal injury cases frequently involve car accidents involving grown-ups as the victims.
Here are a few things to do after a car accident with kids:
Take pictures of the scene. Have them take a picture of the people involved, their license plates, and any damage done to each or all of the automobiles if they are able. Take pictures of the surrounding area, including the buildings, roads, traffic signs, and the direction of each car. Even a few hours later, it’s difficult to recall all of these particulars.
Transact business via exchanging data. If the police aren’t contacted, ask to share names, contact information, and insurance company with the other parties involved.
After that, request that they obtain the same data from them. It’s a good idea to get the other driver’s name and the insurance company from their driver’s license or insurance card to double-check their information. Take a snapshot of the ID cards for your records if you can. Remind them to never divulge their social security number to anyone.
Take as many notes as possible, such as:
- Year, make, model, the color of the other car.
- Driver and passenger names, addresses, and phone numbers.
- Exact location
- Your speed
- Date and time
- Weather conditions
- Time police arrived and their name and badge number
- Road conditions
- Witnesses (get names and contact info)
Personal injury law is based on the premise that minors lack the same level of knowledge as adults when making decisions.
As a result, there are distinct regulations governing compensation and liability in car accidents involving children.
A personal injury can have a significant impact on your child’s life, including immediate discomfort, permanent impairment, psychiatric illnesses, and other long-term issues.
That’s why it’s crucial to consult with a knowledgeable and experienced California car accident lawyer to maximize your child’s prospects of a full recovery and a long and happy life.
To secure your fair child compensation for their losses, you must understand the variations between adult and child car accident claims. Your car accident lawyer can assist you in navigating these differences.
Children’s Injury Statistics
The procedure for obtaining compensation for a minor (someone under 18) may differ from state to state. However, a child still has the right to compensation for any damage caused by an automobile accident.
People can sue for things like pain and suffering, irreversible damage, mental anguish, and handicap if they believe the children have been harmed somehow.
A parent may also be entitled to compensation for medical expenditures paid on behalf of a kid.
An injured youngster can’t negotiate the settlement of their own case. Therefore their parents can do it on their behalf.
Alternatively, their guardian can retain the services of a personal injury attorney to act on their behalf during negotiations.
Some jurisdictions need parents to acquire a judge’s approval first To settle their child’s claim. This is a simple process that won’t take long.
It usually consists merely of filling out a form and submitting it to the court for approval.
Potential Recoverable Damages
If a child is injured in a car wreck due to the negligence of other drivers, they will be entitled to compensation that will cover their:
- Current Medical bills
- Continued Medical Care
- Therapy services like chiropractic care
- Loss of ability to earn income in the future
- Pain and suffering
- Loss of enjoyment if they have a job
Sometimes a parent or legal guardian can receive compensation for the financial losses they have suffered, such as the ongoing medical expenses for their child.
Victims can also be awarded punitive damages depending on the circumstances surrounding the case and your specific situation.
Punitive damages are only awarded in extreme circumstances where a personal injury lawyer believes the defendant’s conduct was reckless, deliberate, or irresponsible.
Punitive damages are intended to penalize the defendants and deter others from behaving in the same way in the future.
How Children’s Car Accident Claims Differ from Adults
Claims for Child Injury Must Be Approved by the Court
Even if the parties agree to a settlement, a judge might reject a settlement or even a verdict in a child’s case.
To guarantee that the child’s guardian acts in the child’s best interests, the courts often appoint a representative to examine the case files and report whether the parents upheld the child’s interests.
If it’s discovered that they didn’t, the court has the authority to throw the case out.
The parent or guardian has the child’s best interest in mind during a vehicle accident case in the majority of circumstances.
Even the best-intentioned people can make mistakes.
As a result, parents should always seek the advice of a knowledgeable automobile accident lawyer before moving forward with their claim.
To defend a child in a claim against negligent drivers, a parent runs the risk of making mistakes that lead to their child’s claim being dismissed or earning an extremely low settlement.
The statute of limitations, which differs from state to state, lasts two years following the accident.
However, if a kid is injured in a personal injury claim, the litigation might be extended in two ways.
The first statute covers the first two years following the age of 18.
This allows the kid to file their own claim once they have reached the age of majority rather than having their parents or guardians do it for them.
The second extension is for an additional two years following the discovery of the injury.
Some injuries will not be noticed until bones, muscles, joints, or brains have developed, this is very particular in children under the age of 12.
Parents now have an additional two years from the date of a doctor’s diagnosis of an accident-related injury to make a claim for an accident payment.
A Personal Injury Claim Cannot Be Filed By A Minor
A kid under the age of 18 cannot acquire a California car accident lawyer for himself.
However, a parent or guardian can make a claim on their behalf.
However, there are some key distinctions between this and the regular claim submission process.
Parties concerned can also opt to wait until the child becomes 18 before filing their own lawsuit.
While this is always an option, it isn’t always the ideal choice due to the risk of losing important evidence over time.
However, suppose the kid is about to become 18. In that case, they could benefit from consulting with a personal injury lawyer and submitting a statute of limitations extension to avoid the difficulties of submitting a personal injury claim with a parent or guardian.
Speak with a car accident lawyer for more information.
You may have got injuries that aren’t showing up immediately. Once auto repairs begin, there may be more damage than initially appears. These procedures for following a minor automobile accident are important. Still, the only way to ensure that your rights are protected is to call a car accident lawyer.
When the first shock of the accident subsides, calling an auto accident lawyer can make a big difference in the result of your insurance claim and the compensation you receive. It’s vital that you obtain a well-known and respected accident lawyer in your state, whether it be California or anywhere else.
Never go up against an insurance provider by yourself. They are self-serving and will settle for the smallest sum possible to avoid further litigation. Should the accident happen to occur in the Golden State of California, you’re lucky to have an award-winning injury law firm such as Arash Law, California’s best car accident law firm that will protect your interests and work with the insurance company to develop a fair settlement offer for you.
