A car accident is always an unexpected, stressful event that leaves you worrying about all of the different problems caused by the accident, such as any injuries you may have suffered, repairs your vehicle may need, and how you will get around if your vehicle is out of commission. But if your child was in the vehicle when the accident occurred, then all those other concerns temporarily fall by the wayside and your only immediate concern is for their safety.
No matter how they fared in the accident, your child’s wellbeing will always be your top priority. That is why the question of whether or not you should sue if your child was injured in the accident is a valid one. You will want to make sure that you are able to take care of any medical expenses that they need and if suing the other driver is the way to do so, then so be it. If your child has been injured in a car accident and you want to know the legal steps to take and you live in the Houston area, then contact car accident lawyer Jerome O. Fjeld for all the help you need.
How Are Child Injury Claims Different?
The personal injury claim of a child is mostly similar to that of an adult, however, there are a few key differences. The main one is that the child cannot file a claim for his or her self, the adult in charge of the child, as well as that adult’s personal injury attorney, should file the claim on the child’s behalf. Also, a child can receive compensation for their injuries but their parent or legal guardian can also receive compensation for the child’s medical bills and any wages lost while they take care of the injured child. If the child’s injury is particularly serious, then their compensation can include provisions for loss of possible future earnings.
Any compensation received by the child is put into a trust that they can access when they turn eighteen. In some states, like Texas, for example, the Statute of Limitations does not start until the child turns eighteen, at which point the case must be settled in two years or it will be dismissed.
How The Legal Process Affects Children
When a child gets injured in an auto accident, it may be necessary for them to testify about that accident. Recounting such a traumatic event would be difficult for anyone, but it can be particularly difficult for a child. That is why it is necessary to have a sensitive personal injury attorney involved in the case because they will take care in the questions they ask the child and in how they ask them. That way the child will not feel like they are being interrogated. Someone the child trusts should also be present when they are being questioned.
The questions about the accident are necessary because the lawyer, insurance company, and anyone else involved in the case need as much information as possible. That information is necessary to decide how much compensation the child should receive.
Other Factors Involved When a Child is Injured in a Car Accident
In addition to the physical trauma of a car accident, there is also the mental trauma to consider as well. This is exacerbated in children because they might suffer severe mental problems as a result of the accident. They could develop phobias related to the accident, as well as anxiety and other kinds of emotional problems. If the child is traumatized, then they could need intense psychological help from mental health professionals to treat any issues resulting from the accident. That is why the compensation for the accident needs to include provisions for any mental health treatment the child may need.
Call a Personal Injury Lawyer If Your Child Has Been Injured in a Car Accident
Personal injury cases involving car accidents can get complicated quickly, even more so when children are involved. If you need help untangling the complicated legal knots involved in such a case, then you need to hire an experienced personal injury attorney. They will have the knowledge and expertise needed to answer all of your legal questions and they will give you the best chance of securing the compensation that you and your child need to recover. That way you can use your time and energy to be with your child as they recover from this traumatic incident.