If your child was injured in a car accident, regardless of who is to blame, it can be an emotionally devasting experience. Even if the injury is minor, knowing that your child was in danger can be a parent’s worst nightmare. Children can be compensated for the injuries sustained in an accident, just like an adult, and processing that personal injury claim isn’t all that different.
The Accident & Injuries
If you are with the child at the time of the accident, remember to:
- Stay at the Scene. If you can, move yourself and the child out of the street and harm’s way. But don’t stray too far from the scene.
- Call 911. The police will come and make a report.
- Stay Calm. Accidents are scary, especially if someone has put your child in danger, but angry yelling will never be useful in this situation.
- Don’t Apologize or Admit Fault. Do be honest when giving a statement to the police but avoid phrases like “It was all my fault”. Such statements may damage any potential insurance claim
- Gather Evidence. Gathering evidence is a big step in the process of making a legal claim, try to obtain the following:
- The other’s driver’s information
- Photos/videos
- Witnesses
- Police/Accident Report
- Seek Medical Attention Immediately. Like in any personal injury claim, the injured party’s health and well-being is the most important thing.
The Personal Injury Claim
In most states, a person is considered a minor until they reach the majority age of 18. As long as a child is under 18, the parent can act on behalf of their child, and that includes initiating a legal claim. A parent can bring forth a claim for the child, whether on their own or by hiring an attorney. The process is not all that different from the personal injury claim of an adult, just that the parent will be an involved party, representing the best interests of their child.
Conservatorship
If the child receives a settlement, the parents might ask the court to appoint a conservator for the child. In this way, the settlement money will be protected until the child reaches 18 years of age and are able to access it themselves. Generally, the parents will serve as Conservator for their child.
If your child was injured in a car accident, contact the law offices of Kamper & Estrada, PLLC. Our experienced personal injury attorneys may be able to help your child receive compensation for their injuries.
