My Child Was Injured in a Car Accident–Now What?

Keeping our children safe is a priority for parents. Therefore, if your child has been injured due to the negligence of another, you may feel frightened, angry, and overwhelmed.

Tragically, car accidents are the leading cause of unintentional injury death for children. Crashes are responsible for one of every four unintentional injury deaths. According to Indiana Traffic Safety Facts, the fatality rate of a child injured in a car accident increased between 2018 and 2019, when 2,876 children ages 14 and under died or suffered injuries in crashes.

In the shock of dealing with your child’s injury, you may have questions and concerns about how to proceed.

Why Is a Child Injured in a Car Accident Different From an Adult?

Under Indiana law, anyone under the age of 18 is a minor. That means that they are not permitted to bring a claim for themselves. Instead, a parent or guardian must file the case on behalf of the minor.

Most car accident fatalities happen to children who are traveling as passengers. Numerous studies show that proper child restraints can significantly lower the risk of injury or death. All 50 states and the District of Columbia have child restraint laws. Therefore, if lack of proper child restraints may affect a lawsuit.

Until the age of eight or older, a child should be in an appropriate safety harness that meets the United States Department of Transportation Standards regardless of height and weight. In Indiana, infants below the age of one and who weigh less than 20 pounds must ride in a rear-facing safety restraint. Children can use a booster seat after they reach 30 pounds, but experts recommend waiting until they reach a weight of 40 pounds.

Children’s Accident Injuries

Motor vehicle injuries can happen in various ways, including car accidents, school bus accidents, and vehicle backup accidents. Because children are smaller and may have body parts and organs that are not yet fully developed, car accident injuries can be severe and even stunt the child’s growth.

Common child accident injuries include head and neck injuries, dental and facial trauma, chest injuries, fractures, and catastrophic injuries such as paralysis. In some cases, even safety features, such as airbags or car seats, can injure a child. Rollover crashes have the highest rates of fatal injury for children.

Often, an insurance company will offer a quick settlement. However, this offer may be unfairly low. It is important to remember that some injuries do not appear immediately. Also, children are still growing and developing, so certain injuries may not affect them until much later. Finally, some injuries require long-term medical treatment.

Gathering Evidence

To obtain compensation, you and your lawyer must prove that the at-fault driver’s actions caused your child’s injuries. Establishing liability for injuries requires evidence.

Therefore, if your child has been injured in a car accident, your first action should be to call the police and see that your child gets prompt medical treatment. Do this even if you think your child has not been injured or that their injuries are minor. You may also want to schedule an appointment with the child’s regular primary care doctor because that person may be more likely to notice any unusual symptoms or behavior.

After ensuring everyone’s safety, you can request contact and insurance information from the other driver. You can also seek contact information from anyone who may have witnessed the accident. If possible, take pictures and videos of the accident scene. Include photos of all vehicles, traffic signs and signals, and skid marks. Take note of any video cameras in the area that may have recorded the accident. Avoid posting pictures or comments about the crash on social media, as they may impact your child’s case.

Police reports are an essential piece of evidence. There may also be footage from dash cameras and data from Event Data Recorders.

Obtaining Compensation for Your Child’s Injuries

A personal injury claim allows you to seek compensation for your child’s injuries, current and ongoing medical expenses, pain and suffering, mental anguish, and more. Some personal injury claims go to trial, but most of them end with an out-of-court settlement.

A parent or guardian may agree to a settlement, but the court must approve the settlement,  regardless of the amount. However, suppose the recovery is $10,000 or more. In that case, the court appoints a guardian to receive the settlement proceeds. The court appoints a guardian to protect and oversee the funds until the child reaches the age of majority.

If the settlement amount is less than $10,000, the court may authorize distribution directly to the parents. However, they must use the settlement funds for the support and benefit of the minor child.

Statute of Limitations

There are time limits for filing all lawsuits. The basic statute of limitations for personal injury claims in Indiana is two years. However, because persons below the age of majority do not have the legal capacity to sue on their own, a minor’s statute of limitations is generally tolled until they reach the age of majority. Therefore, minors generally have until their 20th birthday to bring personal injury claims.

Take Action If Your Child Was Injured in a Car Accident

If your child has been injured in a car accident, they may be entitled to compensation. An experienced attorney can explain your legal options and protect your child’s rights. For more information or a free case review, consult Boulton Law Group at (317) 350-2680.