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Legal options when a child is hurt in a crash

On Behalf of | Apr 15, 2024 | Personal Injury

When a child is injured in a car crash, the emotional and physical toll on the child and their family alike can be overwhelming. Yet, even beyond seeking immediate medical care, it remains essential for parents to understand the legal options available to protect their child’s rights and to secure necessary compensation for any damages suffered. This process can be stressful, but it is important nonetheless.

With that said, it is worth underscoring that the first priority should be to seek immediate medical treatment for the child. Their health and safety need to come first. As an added benefit, seeking treatment can help to establish a medical record that will prove to be consequential when pursuing compensation. Documentation of the child’s injuries and the treatment required can serve as key evidence if the case goes to court or if there is a need for settlement negotiations with insurance companies.

Navigating the legal side of things

If you are a parent whose child has recently been harmed by another’s actions or inactions, the legal side of your situation will likely begin with a legal team investigating the circumstances of the accident to establish fault. This may involve gathering police reports, eyewitness accounts and possibly working with accident reconstruction experts. Determining liability is key to understanding against whom legal and/or insurance claims should be filed. 

To that end, it is important to understand that navigating insurance claims can be particularly tricky. Insurance companies often attempt to settle quickly and for as little as possible. Seeking legal support can help you to successfully manage negotiations in ways that better ensure that any settlement offered covers the full extent of the child’s current and future medical needs, as well as compensation for pain and suffering and any long-term care requirements, etc.

If a satisfactory settlement cannot be reached, it may be beneficial to file a lawsuit against at-fault parties. Legal actions involving injuries to minors can include special considerations and may also involve court-appointed guardians to represent the child’s interests.

Legal action cannot undo the trauma of an accident, but it can potentially provide the financial resources necessary for the best possible recovery and care, which your child unquestionably deserves.