Children are extremely vulnerable during car accidents and should always be placed in a car seat or wearing a seat belt to help ensure their utmost safety. Child safety seats can significantly reduce the risk of injury or death for infants and toddlers during a car accident.
But what happens if your child has been injured in a car accident despite taking full safety precautions?
First and foremost, it is important to stay calm. It is perfectly understandable if you are angry and upset with the driver who harmed your loved ones. However, the important issue at this point is to make sure that your family members obtain necessary health care and that you preserve their rights to have the other driver pay for all of their damages.
If there is no dispute about negligence (meaning everyone agrees the other driver is at fault), then the other driver is responsible to pay all the medical bills, any lost wages, and other miscellaneous accident related expenses of all of the injured occupants of the other car.
The injured individuals are also entitled to a reasonable amount of compensation for their pain and suffering. The owner of the vehicle in which your family was riding is entitled to have that vehicle repaired or replaced at the expense of the other driver, and also entitled to a rental vehicle while repairs are taking place.
Children, like adults, can recover for any injuries they suffer in a car accident. Cases involving minors, however, are a bit more complex because of court rules and state laws that protect minors, even if you settle with an insurance company without filing a lawsuit. A judge may need to approve any settlement in order to make sure that the child’s award is properly invested or kept in a fund until the child reaches majority.
Because some of the rules and statutes are different for minors, it is often advised to hire an experienced car accident lawyer who can help you protect your rights and obtain the full compensation for your family members.
First and foremost, remember to get your children the healthcare they need to help recover from their injuries as soon as possible!
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.