The Unfortunate Truth About Child Injuries in Car Accidents

As a top car accident lawyer team in Southern California, we know how devastating car crashes can be—especially when they involve children. If you or a loved one sustained serious injuries in an accident, you may be entitled to compensation. Schedule a free consultation to learn more. 

It’s easy to forget how dangerous driving is, especially if you do it every day. There’s an enormous responsibility that comes with getting behind the wheel, and, tragically, some reckless drivers learn that lesson the hard way.Injured Child's Toy

What’s worse is that reckless driving doesn’t just endanger adult passengers—it endangers children as well. Children who have no control over the road are much more susceptible to serious injury than adults who cause car accidents. Treating their injuries can take a devastating toll on a family’s finances, even pushing them into bankruptcy. 

Luckily, it doesn’t have to. 

Most parents don’t realize they can file personal injury lawsuits on behalf of their children. If your child suffered serious injuries in an accident caused by someone else, you may be eligible to sue the at-fault party for compensation

This article will explore the prevalence of child injuries in car accidents and your legal options for compensation when they do. 

At Case Barnett Law, we know that in the aftermath of a serious accident, the idea of preparing for a lawsuit is daunting. That’s why we do everything in our power to make it as painless as possible. Call our Costa Mesa personal injury attorney law office at (949) 409-0055 to schedule a free case evaluation today.

Motor Vehicle Accidents: A Leading Cause of Death in Children

Motor vehicle accidents are a leading cause of death in children 14 years old and younger, according to the National Highway Traffic Safety Administration (NHTSA). 

Data indicates that in 2021, about 445 children were injured in traffic accidents every day in the U.S.—a 17 percent increase from 2020. Even more tragically, an average of three children died each day in traffic accidents in 2021, which represents an eight percent increase from the previous year. 

Although there’s nothing you can do to make other drivers safer, you can help protect your child by knowing the right steps to take in the immediate aftermath of a serious accident. 

Crucial Steps for Parents to Take Following a Car Accident

In the moments following a car wreck, you’re likely to feel shaken, confused, or even numb. You may not realize the seriousness of the situation or understand what’s happened. Making a plan now can take out the guesswork and help you enact several life-saving measures. 

Here are three of the most crucial steps for protecting your children post-accident: 

  1. Assess your child’s condition by doing a quick scan. Take note of any obvious wounds and injuries. 
  2. Move out of the way of traffic to the side of the road if necessary. If your child is injured, carry them as carefully as possible.
  3. Call for emergency medical attention for both you and your child. If your child appears to be seriously injured, let them know what to expect. 

Just doing these three things can go a long way in preventing a subsequent collision and ensuring your child gets the emergency treatment they need. If you’ve done these things and both you and your child seem to be in stable condition, it’s a good idea to gather evidence. Taking pictures, jotting down license plate numbers, and getting contact information from bystanders and others involved can prove invaluable pieces of evidence when you file a claim. 

Navigating Your Legal Options After an Accident

Obviously, injured children aren’t capable of suing the person who hurt them. However, parents or legal guardians of injured children in California are eligible to file a claim on their injured child’s behalf in order to seek compensation for damages. 

Filing a child injury claim is often complicated, which is why it’s typically best to work with an experienced personal injury attorney. However, the payoff is worth it. An expertly filed claim will include all aspects of your child’s injuries, from physical to emotional to psychological, and pursue compensation for the full range of losses. 

Damages may cover a wide range of losses, including medical expenses, future costs of therapy, the cost of rehabilitation, and more. An Orange County child injury lawyer can help guide you through the process and ensure all paperwork is properly filed by the deadlines. 

The Role of Insurers in Car Accident Cases

If you’re like most people, a child injury lawsuit sounds like a lot of work—especially when you could just pursue compensation through insurance. Although it’s always important to file an insurance claim after an accident, the reality is that insurance companies are not on your side. They’re businesses, and their loyalty is to the bottom line, not your injured child. 

Your insurance company is incentivized to minimize your payout, which is why it can be extremely helpful to have an attorney negotiate with them on your behalf. A skilled child injury attorney can investigate your case, calculate a settlement, and present it to your insurer. If they refuse to compensate you fairly, your attorney can start preparing your lawsuit. 

Case Barnett Law: Child Injury Attorneys in Orange County, California

When your child is hurting, you’re hurting, too. That’s just a fact of parenthood. At the end of the day, working with an experienced attorney after an accident isn’t just about getting compensation for your child’s damages. It’s about handing the reins over to someone else so that you can focus on what matters most: Being there in your child’s time of need. 

Nothing can undo what your child has been through, but a child injury lawsuit can help you secure the compensation you need to finance a robust recovery. When you’re ready to learn more, the team at Case Barnett Law is here for you. Contact us online or give our child injury attorney team a call at (949) 409-0055 to schedule a free consultation today.
Case C. Barnett
Costa Mesa Personal Injury Attorney practicing in child injury law, car accident injuries and elder abuse law
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