Child Injuries in A Car Accident

Some of the most common child injuries in a car accident include:

• Head and neck injuries: These are among the most serious child injuries in a car accident. Head injuries and concussions can occur from the head being jolted or hitting an object. They can have a long-term effect on a child's cognitive, physical, and emotional health.
• Car seat injuries: While car seats are critical for protecting children, they can also be a source of injury if not used correctly. 
• Airbag injuries: Airbags are designed to protect adults in a crash, but they can be harmful to children, especially if they are seated in the front seat.
• Glass injuries: Shattered windows or windshields can cause cuts and lacerations. These injuries are often not life-threatening but can require prompt medical attention to prevent infection and ensure proper healing.
• Chest injuries: The impact of a car accident can cause chest injuries, including bruising, broken ribs, and internal injuries. These injuries can be serious, especially if they affect the lungs or heart.
• Abdominal injuries: The force of a collision can cause abdominal injuries, such as damage to internal organs. These injuries may not be immediately apparent but can be severe.
• Pelvic fractures: Infants and small children are at a higher risk for pelvic fractures due to their size and the way they are secured in car seats. These fractures can be serious and require immediate medical attention.

If your son, daughter, or child was a passenger in a car accident, it's important to take specific steps to ensure their safety and well-being:

• Ensure safety: First, make sure your child passenger is safe and out of harm's way. Move to a secure location if you're at risk of further accidents or hazards.
• Assess for injuries: Check a child passenger for any visible injuries. Child injuries in a car accident may not be immediately apparent. Be attentive to any complaints of pain, dizziness, or confusion.
• Seek medical attention: Even if there are no visible injuries, it's crucial to get medical attention as soon as possible. Children may not always be able to articulate how they feel.
• Contact the police: If you haven’t already, call the police to report the car accident. A police report can be helpful for your insurance claim.
• Gather information: Collect contact and insurance information from the other parties involved. If there are witnesses, get their contact information as well.
• Document the crash scene: Take photos of the crash scene, including all vehicles involved, any visible injuries, and the surrounding area. 
• Notify your insurance company: Inform your insurance company about the car accident as soon as possible. Provide them with all the necessary details about how the crash occurred. Avoid discussing fault or admitting blame.
• Consult with a lawyer: Consult with an experienced car accident attorney, especially if the car accident was serious or if there's a dispute about who is at fault. They can provide guidance on how to proceed with insurance claims or any legal actions.

In the aftermath of a car accident, keep up with any recommended medical appointments or treatments for your child. Some injuries may require ongoing care or rehabilitation. Pay attention to your child passenger's physical and emotional recovery.

If a child was a passenger in a car accident, they have specific legal rights that may differ from those of adults. These include: 

• Education and care needs: Child injuries in a car accident often affect education and special care needs. Compensation can include the cost of educational support, home care, or modifications to living spaces.
• Privacy rights: A child passenger’s privacy rights are often more stringent than those of adults. Information about a minor’s involvement in a car accident and subsequent legal proceedings is typically protected more rigorously.
• Special considerations in a settlement: Settlements for minors might be structured differently, ensuring that funds are available for future needs. This may include ongoing medical care or education.
• Representation in legal matters: Since children are minors, they can’t file car accident claims on their own. A parent or legal guardian typically acts on behalf of the child to manage legal claims and settlements.

Like adults, children also have the right to receive prompt and appropriate medical treatment for any injuries sustained in a collision. If the car accident was caused by another party, children have the right to compensation for medical expenses from the other driver’s insurance company. This can include immediate medical costs, as well as long-term care costs for more serious injuries.

What if a child was killed in a car accident?

Losing a child in a car accident is a tragic and devastating experience. In this case, parents and legal guardians can recover damages through a wrongful death claim. This may include medical expenses, funeral and burial expenses, loss of companionship, and pain and suffering of the deceased.

Each state has a statute of limitations to file a wrongful death claim. This is about one to three years, depending on which state you’re in. The ability to recover damages often depends on proving that another party was at fault for the car accident. This typically involves showing negligence or a breach of duty that led to the crash.

A settlement for child injuries in a car accident is typically determined by the extent of the child’s injuries. An attorney will need to calculate the true value of a child injury claim and factor in medical expenses, as well as education and care costs. Additionally, an attorney may include pain and suffering for a child in a car accident.

Once an attorney has calculated the value of the claim, they will negotiate with insurance companies for a fair car accident settlement for a child.

What happens with the settlement money that my child is awarded?

The settlement money is often placed in a protected account, such as a trust or a custodial account, which is specifically designed for minors. These accounts are typically managed by a parent or guardian, but the funds are reserved for the child's use.

Access to the settlement funds is generally restricted until the child reaches the age of majority (usually 18 years old in many jurisdictions). Until then, funds can only be used for expenses that directly benefit the child, such as medical care, education, or necessary living expenses

If your child was a passenger in a crash, and sustained injuries, it’s crucial to speak to a Law.com Premier Car Accident Lawyer. Our verified attorneys will fight to protect the rights of you and your child and ensure you get maximum compensation. 

It doesn’t cost you any upfront money. Our Premier Attorneys operate on a contingency fee basis and only get paid if they successfully recover damages for you and your child. To get started, contact an attorney in your area for a free initial consultation.