Your Family Needs a Child Pedestrian Accident Lawyer
Each year, there are nearly 70,000 children who are injured in a pedestrian accident. Roughly 700 children will be killed in these traffic incidents. If your child has been injured in a pedestrian accident, they may be entitled to substantial financial compensation. It is on you to fight on behalf of your child. Your child benefits when you contact an experienced pedestrian accident lawyer to vigorously represent them in a legal case. Attorney Case Barnett and his team are experienced fighters who work to get results for our clients.
Your Child Pedestrian Accident Lawyer Gathers the Necessary Proof
Immediately, your lawyer would begin an investigation focused on gathering evidence that shows the driver was responsible for the accident. It does not matter that a child was involved in the accident. The insurance company may still try to blame your child to reduce what they need to pay or to eliminate their financial obligations altogether.
An experienced pedestrian accident lawyer could do the following:
- Interview witnesses to the crash and learn their recollections
- Review the police report from the accident and pursue any leads
- Take and review pictures from the scene of the accident
- Collect and analyze any video camera footage
- Work with an accident reconstruction expert to learn their opinion of what happened
The evidence you need to prove your case can disappear quickly, so it is vital that you contact a lawyer immediately so they can begin an investigation.
What to Do After a Child Pedestrian Accident
You are understandably preoccupied when you have a seriously injured child. You know that your child will need every dollar of financial compensation that you can get on their behalf in a pedestrian accident claim. However, there may be little that you can do on your own to maximize the value of your child's claim. You are dealing with an insurance company that does not want to pay you, regardless of how seriously your child has been injured.
You need to ensure that you continue to get the medical help that your child needs at all times. Emergency care in the aftermath of the accident may be just the first step that you have to take. It is vital for both your child's health and the legal case that you follow up with all medical appointments. The days and months after a pedestrian accident are crucial times for your child's rehabilitation and potential recovery. Your child must receive the therapy and surgical interventions that they need to put them in a position to make the fullest possible recovery.
You should also contact an experienced pedestrian accident attorney as soon as possible. You do not want to be left to handle any details of the legal case because you do not have the time or expertise. A pedestrian accident lawyer can investigate the accident and deal with the insurance company while you seek compensation from the responsible driver. They will be your voice and advocate during this difficult time.
Damages in a Child Pedestrian Accident Lawsuit
Your pedestrian accident lawyer will work to estimate the value of your case. It is essential that you know how much your case is worth because this is money that your child will need for the rest of their life. In addition, not knowing the value of your case could impose additional delays and keep you from getting the money you need on behalf of your child. Even though the court needs to approve a settlement, you still want to know that you got every dollar you could for your child.
Your child's pedestrian accident damages can be considerable in light of the serious injuries that they have suffered. The settlement could include the following:
- Medical bills
- Pain and suffering
- Special education expenses
- Adaptive equipment
- Care for your child
- Scarring and disfigurement
- Emotional distress
You may have also incurred expenses and losses to care for your child. For example, you may have missed considerable time from work after your child's accident. Then, you may be able to claim lost wages for the money that you could not earn when caring for your child.
Special Procedures for a Child Pedestrian Accident Case
California law strictly controls how a child's personal injury case may be settled and how the money is used. First, a guardian ad litem must be appointed to look after the child's best interests. Your child could be receiving a large amount of money, and it is essential that it be used properly and in their interest. The guardian would need to monitor how the money is being used and spent.
In addition, a judge would need to approve any settlement that you reach on behalf of your child so long as the child is not emancipated. While court approval functions as a safeguard for your child, you should still fight to maximize the value of the settlement. It is entirely possible that a judge could order you to continue settlement negotiations because they do not believe that the agreement is fair and equitable to the child.
Finally, you would need to go through the court to authorize any release of settlement funds. The money is supposed to go to your child when they become an adult. In the meantime, it can be placed into an annuity that yields returns. With the court's permission, the parents may also be able to use the money on behalf of the child before they are 18.
Child pedestrian accident cases are much more complicated than other personal injury actions. Once you hire a dedicated pedestrian accident lawyer, your efforts and focus can be better used elsewhere without taking on the insurance company personally.