Around 162,000 children were hurt in traffic accidents in the United States in 2021. When a child is involved in a traffic accident as a pedestrian, passenger, or while driving a bike, their parents are eligible to seek compensation for any injuries caused.
But how much can you get as compensation for your child? Do you even know what type of accidents your child can be compensated for? In this post, we will be taking a deep dive into the subject of getting compensated fairly following an accident involving your child.
It will cover everything from the types of damages you can pursue to the typical settlement for a child involved in a car accident and beyond. So just keep reading.
Factors that Affect Child in a Car Accident Settlement
Several crucial elements come into play when determining the settlement for a child involved in a car accident. The key factors include the severity of injuries, medical expenses, long-term impacts, emotional trauma, and the level of negligence involved.
Understanding these factors is essential for parents and legal representatives seeking fair compensation for the well-being and future of their children.
How Did the Accident Happen?
According to research, accidents involving children can occur due to various reasons. Some common factors include distracted driving, speeding, failure to yield, improper use of child safety seats, lack of supervision, and pedestrian-related incidents.
The negligent driver who caused the accident can be held legally responsible for their actions. You can find out who is at fault and get help negotiating a fair settlement with the assistance of your attorney.
Who Can Be Held Accountable for Your Child’s Car Accident Injuries?
Determining liability in a child’s car accident can be complex. Several parties may be held accountable, depending on the circumstances. The primary individuals or entities that could be responsible include:
- The Driver: If the accident resulted from the driver’s negligence, such as distracted driving, speeding, or running a red light, they may be held liable.
- Other Involved Parties: If multiple vehicles were involved, the drivers of those vehicles could share liability based on their actions.
- Vehicle Owner: In some cases, if the driver was operating a vehicle owned by someone else, the vehicle owner may be held partially responsible.
- Manufacturer or Maintenance Provider: If a defect in the car or improper maintenance contributed to the accident, the vehicle manufacturer or maintenance provider might be held accountable.
- Government Entities: If road conditions or signage played a role in the accident, the responsible government agency might be liable.
What Kind of Injuries Can a Child Suffer From Due to the Incident?
Car accidents can subject children to a range of injuries, each varying in severity. Common injuries include whiplash and neck injuries due to sudden jolts during collisions, as well as head injuries such as concussions, traumatic brain injuries (TBI), or skull fractures.
Broken bones in the arms, legs, ribs, or other areas are also common due to the impact of the accident. Children may also experience cuts, abrasions, and internal injuries caused by broken glass or sharp objects.
Apart from all of these, emotional trauma, anxiety, or post-traumatic stress can affect a child’s mental well-being after the incident. In more severe cases, spinal cord injuries resulting in paralysis or even death may tragically occur.
Make sure to thoroughly explore all the additional insights on settlement norms for child-centric traffic collisions before claiming your settlement.
You shouldn’t be responsible for paying for the medical bills and other costs associated with your child’s injuries sustained in a car accident. Your child’s injuries and your own can both be compensated for with the help of a personal injury attorney.
Kinds of Settlement You Can Expect for a Child in a Car Accident
The severity of the injuries, the length of recovery, how the accident affected the child’s quality of life and mental health, the need for caregivers, and the parent’s lost earning capacity all play a significant role in determining the average settlement for a child involved in a car accident.
Work together with a knowledgeable and dependable personal injury attorney to calculate the settlement you might be eligible for following a car accident involving your child. The worth of your claim will vary depending on the specifics of the incident, but you may be able to pursue:
- Hospital bills, medical procedure costs, and other costs for healthcare
- Rehabilitation and physical therapy
- Distress and suffering
- Loss of earnings, both current and future
- Reduced capacity for future income
- Assistance devices and additional medical equipment
- Post-traumatic stress disorder (PTSD), depression, and anxiety
Statute of Limitations
Time limits on filing a lawsuit on your child’s behalf following an accident are known as the “statute of limitations,” and they change from one state to the next. When a child is injured in an accident in New York, they have three (3) years from the date of the accident or from the date the child turns 18, whichever is later, to file a personal injury claim.
Serious Injury Threshold and Child Injury Compensation
Just as with any other personal injury case, a plaintiff can claim damages to hospital bills, ambulance services, and treatment fees, including rehabilitation and/or other treatments and prescription medication. However, two additional types of damages may be present in cases involving children:
- Nominal damages: A child may experience trauma years after suffering a painful, serious injury. Nominal damages can provide additional compensation to hasten recovery.
- Potential income: If a child is permanently disabled as a result of an injury, they will not be able to work in certain occupations after turning 18. Potentially lost income might be retrieved.
How Should You React If Your Child Was Hurt in a Car Accident?
Although situations like these are very stressful for parents, it is important to follow these steps after your child has been injured in a car accident:
- Immediately seek medical help.
- Take pictures or videos of your child’s injuries and the accident scene, along with any other evidence related to the accident.
- Journal the conversations you have with your doctors and other individuals.
- Keep copies of all medical records, bills, and other paperwork.
- Avoid speaking with insurance company representatives without a lawyer present.
- Make contact with a reputable personal injury lawyer.
- Do not let your child discuss their injuries with anyone other than your attorney.
Why Hire a Personal Injury Lawyer?
In the aftermath of a car accident that leaves your child injured, you and your family may face many challenges. Having to take care of an injured child could cause you to miss work or prevent you from advancing in your current position.
Short-term and long-term medical care costs can add up quickly. These difficulties are not yours to bear alone. If your child was involved in a car accident, speaking with an attorney can help you better understand your legal options. Your attorney can do the following while you tend to your child’s well-being:
- Gather evidence to demonstrate that you are accountable for your child’s injuries.
- Determine the extent and seriousness of those injuries, gather medical records, and gather other supporting documentation.
- Take care of correspondence and phone calls about your injury claims.
- Send claims to the accountable parties’ insurance companies.
- If necessary, file a personal injury lawsuit against the responsible parties.
As a result, you will have additional time to spend with your child and provide assistance to them while the attorney takes care of everything else on your behalf.