According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are the leading cause of death for young children. As such, it is no surprise that clients regularly ask our attorneys:
“What should I do if my child was hurt in a car accident?”
Our legal team generally answers this question by providing the following information:
What to Do If Your Child is Injured in a Car Crash
Seeing your child suffer an injury in a car accident is never easy. However, if you want to protect their health and their financial future, you must take swift action. At Attorney Brian White & Associates, PC, we suggest that you follow these steps if your child gets hurt in a motor vehicle crash:
Get Them the Medical Attention They Need
When kids get into car crashes, they can sustain a wide variety of painful and debilitating injuries, like:
- Traumatic brain injuries
- Internal organ injuries
- Broken bones
- Degloving injuries
- Spinal cord injuries
- Eye injuries
- Soft tissue injuries
So, in the immediate aftermath of your child’s accident, their health ought to be your first priority. Even if they are not showing any sign of injury, try to get them to a hospital or medical clinic as quickly as you can.
The doctors and nurses employed by the facility you select will look them over and put them through a series of tests to figure out whether they are injured or not. If they discover an injury, they can also devise a treatment plan that will give your son or daughter the best chance of making a total recovery.
While visiting the doctor with your child, don’t forget to hang on to all your bills and invoices. You may need to present them as evidence in court at a later date.
Gather Evidence from the Scene of the Crash
If your child’s car or truck accident was caused by another motorist, you may be able to file suit against them to claim some much-needed compensation. For your personal injury case to succeed, however, you will need to show that the other party is liable for damages.
Achieving this goal typically means proving that:
- The other party owed your child a duty of care
- The other party’s negligence breached that duty
- The other party’s breach of duty caused your child’s injury
- Your child’s injury is as severe as you claim
To prove these points, you will need to present the court with evidentiary materials such as:
- Photographs, and
- Witness statements
The best time to begin gathering this evidence is while you are still at the scene of the accident.
You can take pictures of the damage to the vehicles, record videos of the area around the crash site, and gather contact information from witnesses who are willing to talk.
Hire a Knowledgeable Car Accident Lawyer
The final thing you can do to protect your child’s future in the aftermath of a car accident is to enlist the services of a skilled personal injury attorney. Your legal representative can help you pursue the compensation required to pay for your son or daughter’s medical expenses by:
- Analyzing the details of the crash and assessing the damages
- Helping you understand your potential legal options
- Giving you astute legal advice and guidance on an as-needed basis
- Consulting with relevant experts about your child’s case
- Providing you with an overview of the Texas legal system
- Offering you honest answers to your legal questions
- Communicating with the other party’s insurer on your behalf
- Taking care of the administrative side of your child’s lawsuit
- Negotiating a settlement deal with the defendant’s insurer
- Arguing on your behalf at trial, if necessary
At Attorney Brian White & Associates, PC, we have been helping Houston residents file personal claims on behalf of their children for many years, achieving countless favorable results in the process. If you want to have our team go to battle for you, all you need to do is give us a call or send us a quick message.
Claiming Compensation for Your Child’s Car Accident Injuries
The amount of compensation doled out when children suffer injuries in car accidents can vary significantly from case to case. To determine the exact size of your child’s payout, courts and insurance companies will look at an assortment of factors, including:
- The cost of their initial medical treatment
- The anticipated expenses attached to their ongoing care needs
- The expected fees for their therapy and rehabilitation
- The impact their injury will have on their ability to learn
- The effect their injury will have on their future earning capacity
- The mental anguish they experienced because of their injury
- The impact their injury will have on their overall quality of life
- The limits on the at-fault motorist’s auto insurance policy
As a general rule, minors who suffer injuries that leave them with life-long health issues or permanent disabilities receive the most sizable awards.
When you hire a lawyer from Attorney Brian White & Associates, PC, to help you file a personal injury claim on behalf of your child, we will seek damages for:
- Medical bills
- Ongoing care costs
- Rehabilitation expenses
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If the other driver acted with malice, a car accident lawyer from our legal team will also help you pursue punitive damages, which can be as high as $750,000 in the Lone Star State.
Deadline for Filing a Car Crash Injury Claim in the State of Texas
Section 16.003 of the Texas Civil Practice and Remedies Code states that the statute of limitations for personal injury lawsuits in the Lone Star State is two years. As such, Houston residents who get injured in a car accident must typically take legal action against the liable party before the second anniversary of their crash.
Things work differently for accidents involving children, though. Because minors do not have the authority to file suit, their two-year clock does not begin on the day they are involved in an accident. Instead, it starts on the first day they can sue the liable party – their 18th birthday.
Of course, if your kid suffered an injury in an auto accident in the state of Texas, you do not have to wait until they become an adult to start fighting for compensation. You can take legal action on their behalf immediately.
When you are ready to sue the person or business that caused your kid’s injury, please do not hesitate to contact Attorney Brian White & Associates, PC. We have been handling cases like yours for years – and we are ready to go to battle on your behalf.
What Should I Do If My Child Was Hurt in a Car Accident? Contact Our Texas Law Firm for More Information
“What should I do if my child was hurt in a car accident?” The lawyers at Attorney Brian White & Associates, PC, hope that we have provided you with all of the information you needed to know about this topic. However, if you are still unsure about anything, we are always available to discuss the matter in more detail at our law offices in Houston. Give us a call today to set up a free consultation.