Child Injuries in Car Accidents: A Parent’s Guide to Legal Action

Child Injuries in Car Accidents: A Parent’s Guide to Legal Action

For parents, the utmost priority is the safety and well-being of their children. The mere thought of them being involved in a car accident is heart-wrenching. While we can’t predict or control every situation, understanding the legal process following such a traumatic event can provide some clarity during an otherwise overwhelming time. This guide offers insights into the legal actions parents can take if their child is injured in a car accident.

Table of Contents

1. Immediate Steps After the Accident

  • Seek Medical Attention: The health of your child comes first. Get a complete medical evaluation to identify any injuries, whether evident or not.

  • Contact the Police: Ensure a police report is filed. This can serve as crucial evidence later.

  • Gather Evidence: Take photos of the accident scene, vehicle damage, and any injuries. Also, collect witness contact information.

  • Document Everything: Keep a detailed record of your child’s medical treatments, emotional state, and any other pertinent changes post-accident.

2. Understanding Liability

To take legal action, it’s essential to determine who is at fault:

  • Negligence: Most car accidents are a result of negligence, meaning someone failed to exercise reasonable care on the road.

  • Product Liability: If the accident was due to a vehicle malfunction, you might have a claim against the manufacturer.

  • Multiple Parties: Sometimes, more than one party is at fault. For instance, if the other driver was drunk, both the driver and the establishment that served them alcohol might share liability.

3. Filing a Personal Injury Claim

If another party is at fault, you may be entitled to compensation:

  • Medical Bills: These cover current and future medical treatments related to the accident.

  • Pain and Suffering: This considers the physical and emotional distress your child might undergo.

  • Lost Quality of Life: If the injury results in permanent disability or impairment, compensation can address the diminished quality of life.

  • Future Earnings: In severe cases, the injury might affect the future earning potential of the child.

4. Seeking Legal Counsel

Hiring an attorney can be instrumental in navigating the complexities of the legal system:

  • Expertise: A personal injury lawyer will understand the nuances of such cases, especially when children are involved.

  • Negotiation: Insurance companies can be daunting. A lawyer will work to ensure you receive fair compensation.

  • Peace of Mind: Knowing a professional is handling the legal aspects allows parents to focus on their child’s recovery.

5. Statute of Limitations

It’s crucial to be aware that there’s a time limit to file a personal injury claim, which varies by state. However, when minors are involved, these time frames might extend, allowing claims to be made once the child reaches the age of majority. Consult with a lawyer to understand the specific regulations in your jurisdiction.

Conclusion

The aftermath of a car accident involving a child can be a turbulent period. While no amount of compensation can truly alleviate the pain and trauma, the legal system can offer some reprieve by holding the responsible parties accountable. As parents, understanding our rights and available legal avenues can empower us to take informed action on behalf of our children.

Written By:
Picture of Nathan Whittenburg

Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

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About Atlanta Personal Injury Law Firm

Atlanta Personal Injury Law Firm specializes in personal injury cases across Georgia, including motor vehicle accidents, premises liability, catastrophic injuries, and wrongful death claims. Our experienced Georgia injury attorney works on a contingency fee basis, ensuring you only pay legal fees once we secure your settlement or verdict.

Contact our experienced legal team by phone or visit our website for a instant case evaluation. Trust Atlanta Personal Injury Law Firm for dedicated legal representation in Georgia.

Do You
Have A Case?

Our firm specializes in personal injury cases across the state of Georgia, working on a contingency fee basis to ensure the best possible service for each client.

Click below to get a free, instant case evaluation and find out if you qualify for legal action immediately.

Would you like our help?

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