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How To Seek Compensation for a Child Injured in a Car Accident

Published on May 21, 2024 at 5:09 pm in car accident.


Having a child injured in a car accident can be a terrifying, gut-wrenching experience for both the child and their family.

Arkansas Children’s Infant and Child Death Review Program Annual Report states that, in 2019, 35% of child deaths were related to car accidents, making it the second leading cause of death in Arkansas for children and youth ages 1-19, according to also according to Arkansas Children’s Hospital, our state’s main children’s hospital system.

Not only is there the emotional toll to deal with, but often significant financial burdens like medical bills, ongoing care, and other necessary expenses. Seeking fair compensation for your child’s injuries requires careful navigation of legal processes and a clear understanding of your rights.

In this post, we’ll take a look at some common injuries that kids suffer in auto collisions. We’ll also outline how to seek compensation for a child injured in a car accident.

What To Do When Your Child Is Involved in a Car Accident

If your child is involved in a car accident, it can be a very stressful and frightening experience. Here are some steps you can take to ensure their safety and handle the situation effectively:

  • Try To Remain Calm – It’s essential to remain calm and composed to assess the situation accurately and make rational decisions. Being involved in a car accident can be traumatic for a child. Offer them emotional support and reassurance, and encourage them to express their feelings about the experience.
  • Seek Immediate Medical Attention – The highest priority after a car accident involving a child is to ensure their safety and well-being. Seek medical attention immediately, even if injuries seem minor. Documenting injuries and receiving prompt medical care is crucial for both the child’s health and any potential legal claims.
  • Gather Evidence – Gathering evidence is one key to building a strong case for compensation. Take photos of the accident scene, including vehicle damage and any visible injuries. Obtain contact information from witnesses and exchange insurance information with the other driver involved. Keep records of all medical treatments, prescriptions, and related expenses.
  • Follow Up – Continue to monitor your child’s physical and emotional well-being, and watch for signs of ongoing distress in the days and weeks following the accident. Seek additional medical or psychological support if needed.

Remember, safety and well-being are the top priorities. You’ll want to take the necessary steps to ensure your child’s health and safety first, and then focus on dealing with the practical and legal aspects of the situation.

The Value of an Experienced Attorney

At McMath Woods P.A., we can tell you from years of experience that legal guidance is vital when seeking compensation for a child’s injuries. Consult with an attorney who specializes in car accident cases, particularly those involving children.

A qualified personal injury lawyer can provide invaluable advice, assess the strength of your case, and represent your interests in negotiations or court proceedings.

Knowledge of Liability and Insurance Coverage

Determining liability is a crucial aspect of seeking compensation for a child injured in a car accident. In many cases, the at-fault driver’s insurance policy will cover medical expenses, lost wages, and other damages. However, if the driver is uninsured or underinsured, other avenues for compensation may need to be explored.

Considering Future Expenses

When seeking compensation for a child’s injuries, it’s essential to consider both current and future expenses.

Children may require ongoing medical care, rehabilitation, therapy, and other support services long after the accident. Your attorney can help calculate future expenses and ensure they are included in any settlement or award.

Filing a Personal Injury Claim

With the guidance of your attorney, file a personal injury claim against the at-fault party’s insurance company. Provide evidence of the child’s injuries, medical treatments, and related expenses.

Your attorney will negotiate with the insurance company on your behalf to reach a fair settlement that adequately compensates for the child’s injuries and damages.

Preparing for Legal Proceedings

Some insurance companies are infamous for protecting their bottom line, and, in some cases, negotiations with the insurance company may not result in a satisfactory settlement.

If necessary, be prepared to pursue legal action through a personal injury lawsuit. Your attorney will guide you through the legal process, representing your interests in court and advocating for fair compensation for the child’s injuries.

Seeking compensation for a child injured in a car accident can be a complex and challenging process.

However, with the right approach and legal representation, you can navigate the process effectively and secure the compensation needed to cover medical expenses, ongoing care, and other damages.

By following these steps and working closely with an experienced car crash attorney, you can protect your child’s rights and pursue justice for their injuries. Contact us at McMath Woods P.A. for a free consultation today.

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