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What Should I Do If My Child Was In a Car Accident?

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Protect your child’s rights after a car accident.

A car accident can be a traumatic experience for anyone, especially children. As a parent or caregiver, it's your responsibility to provide support for your child after the accident. It's common to feel confused and overwhelmed about what steps to take next. However, staying calm and informed can help ensure your child's safety and well-being, and make sure they have a speedy recovery.

As a parent, you share your child's pain and want to do everything in your power to alleviate it. Although it can be challenging to navigate this emotional time, with an experienced car accident attorney, you can focus on supporting your child while your attorney handles the legal aspects of the accident.

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Your child's safety is the priority. To ensure your child is safe after a car accident, it is crucial to take certain steps at the scene. Here’s what you should do if your child was in a car accident:

  • Check on your child. Check them for injuries and ask if they're hurt. Even if they say no, it's important to call 911 for emergency medical services.
  • Call the police. Speak with the officer who responds to the scene and file a police report. This report will be important for your insurance claim and any potential legal action.
  • Obtain contact information. Get the name, phone number, and insurance information of the other driver involved. Also, get the same information from any eyewitnesses at the scene.

Even if your child was checked for injuries at the scene, it is still in their best interest for you to take them to a follow-up medical evaluation. The true extent of their injuries may only be revealed through a medical examination. Taking them to your physician or a nearby urgent care facility can help diagnose potential injuries early and speed up treatment for any injuries. This is especially crucial in the case of life-threatening injuries.

Due to their small size and still-developing bodies, children are more vulnerable to serious injuries in car accidents. Here are some common types of injuries your child may suffer after a car accident:

  • Chest injuries: During a collision, a child's chest may strike parts of the car, potentially injuring their chest.
  • Spinal cord injuries: In a car accident, a child's spine may twist abnormally, damaging the spinal cord or spinal nerves. These injuries are particularly serious as they can lead to permanent damage or paralysis.
  • Fractures and broken bones:  A child's bones are still growing and more fragile than adults, making them more prone to fractures, often in the arms or legs. Damage to growth plates can significantly affect their development.
  • Head injuries: Car accidents can cause traumatic brain injuries and concussions, which can lead to problems with memory, concentration, and overall development.
  • Airbag injuries: If a child is seated in the front seat when the airbag deploys during an accident, their neck may be injured, and they may suffer burns or bruises.
  • Car seat injuries: Improper or defective car seats can cause bruises, cuts, and other injuries.

While many physical injuries are visible after a car accident, it's important to recognize that the impact on a child in such an event can extend beyond physical wounds.

When a child has been physically injured from a car accident, it's important to remember that their mental health may also have been affected. Emotional trauma can be just as debilitating as physical injuries and may even lead to a diagnosis of post-traumatic stress disorder (PTSD). Even without a PTSD diagnosis, a car accident is a traumatic event that can cause a child to experience a range of symptoms, such as:

  • Trouble sleeping
  • Nightmares
  • Wetting the bed
  • Resistance to getting in a car
  • Feelings of sadness and anger
  • Trouble at school
  • Lack of positive emotions

Therapy can be a helpful treatment option for children experiencing the symptoms of trauma after a car accident. Cognitive-behavioral therapy (CBT), play therapy, and family therapy can aid in the coping process.

There are also practical steps you can take at home to help your child deal with their symptoms. It's important to return to a daily routine to create a sense of comfort and safety for your child. While talking about the accident is normal, emphasize that it's in the past and they're no longer in danger. Engage your child in enjoyable activities, such as watching a movie or playing a board game, to help distract them from negative thoughts.

Car accidents involving children present unique legal challenges. Since minors cannot file a claim, parents or guardians must typically file on their behalf. Each state has its own statute of limitations that must be met in order to file, and while that statute of limitations is often tolled (paused) if the victim is a child, it’s still important to take action sooner than later. When pursuing compensation at trial, the court's top priority is to protect the child's best interests.

As a parent, you may also seek compensation through an insurance claim, but insurance companies often aim to pay out as little as possible or may even deny the claim. This is why many parents hire an experienced attorney who can fight for their child's rights and ensure they receive the compensation they need for a full recovery.

After a child is involved in a car accident, it is crucial to act quickly to protect their health and legal rights. An experienced car accident attorney can handle the complex legal process while you focus on helping your child heal.

If your child was injured in a car accident, contact a trusted car accident lawyer in your area for a free case consultation. They can provide answers, explain legal deadlines, and guide you on what to do next, all at no cost to you. Many car accident lawyers work on a contingency fee basis, so there are no upfront payments. If the attorney doesn't win the case, you don't owe them a penny. Contact an experienced car accident attorney today.

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