What Happens If A Minor Is Injured In A Car Accident?

As parents, our primary instinct is to protect our children. We diligently strap them into car seats, remind them to look both ways when crossing the street, and ensure their safety at every turn. However, accidents are an unfortunate part of life, and the repercussions of such events can be far more impactful when our children are involved. Car accidents, in particular, can have a profound impact on the lives of minors due to their young age and vulnerability.

When a child is injured in a car accident, it can be an incredibly stressful and emotional experience. Parents and guardians are often left grappling with not only the child’s well-being but also the financial and legal aspects that come into play. In such challenging moments, taking prudent steps is essential to ensure both your child’s well-being and the compensation they need and deserve.

What Should You Do If Your Child Is Injured In A Car Accident?

If your child is injured in a car accident in Florida, it’s vital to take the following steps:

  1. Safety First: Ensure your child’s safety and well-being. Seek immediate medical attention if required. If you were in the vehicle during the accident, carefully extract your child from the car if it’s safe to do so. Prioritize stabilizing any injuries, and dial 911 for an ambulance. In situations where you’re not present with your child, such as receiving a call from them or another passenger who was in the vehicle, remain as composed as possible. Provide them with clear instructions to call 911 immediately for an ambulance if the injuries require urgent attention.
  2. Contact Law Enforcement: Report the accident to law enforcement. A police report will be essential for insurance claims and potential legal action. In certain instances, the other party might attempt to discourage your child from contacting the police. They may do this for various reasons, such as lacking insurance, being undocumented, or fearing fault in the accident. They might even resort to intimidation, making your child believe they were at fault and convincing them not to involve the police. However, without an official report, the other driver could make unfounded accusations in the future. It’s advisable to let the police create an accurate record of the incident and gather evidence. This ensures a clear and unbiased account of what occurred.
  3. Gather Information: Obtain contact information from the other driver(s) involved in the accident, as well as any witnesses.
  4. Document the Scene: Take pictures and videos of the accident scene, including vehicle damage and any visible injuries. If you cannot be at the actual scene, instruct someone there you can trust to document the scene.
  5. Notify Your Insurance Company: Report the accident to your insurance company. Be cautious when speaking with insurance adjusters and avoid making statements that could be used against you.
  6. Consult a Personal Injury Attorney: Reach out to an experienced personal injury attorney like Robinson & Casey who can guide you through the legal process and help protect your child’s rights.

Are Car Accident Claims in Florida Different for Children?

Car accident claims involving minors in Florida differ in some key ways. Most notably, the legal system recognizes that children can’t legally enter into contracts or make informed decisions. Therefore, a parent or guardian usually acts as the child’s legal representative during a personal injury claim. Alternatively, a minor can choose to wait until they come of legal age, which is typically around 18 years old, to initiate their claim.

Common Injuries Children Can Sustain From Car Accidents

Children can sustain a wide range of injuries in car accidents. These may include:

  • Whiplash: Neck and spine injuries due to sudden jerking motions. Babies and young kids have highly flexible neck areas, which makes them more likely to get spinal cord injuries in a car crash.
  • Head Injuries: Concussions or traumatic brain injuries. Head or brain injuries rank among the most frequent types of injuries suffered by minors in car accidents, particularly in children aged one year or younger. Injuries of this kind can lead to profound and enduring effects on a child’s cognitive growth and their capacity to engage in educational and extracurricular pursuits.
  • Fractures: Broken bones from the force of the impact. Because children’s bones are still growing, they can easily get broken bones. Depending on where the bone breaks, like near a growth area, it might affect their growth and require long-term treatment.
  • Internal Injuries: Damage to internal organs. Babies under one year old are more likely to have serious injuries to their heart and lungs if their chest is hit. Broken ribs are also a common injury.
  • Psychological Trauma: Emotional and psychological distress. The emotional impact of a car accident can result in persistent mental health issues for children, like anxiety, which may necessitate ongoing therapy or other forms of treatment.

Sources if Compensation If Your Child Is Injured as a Passenger

If your child is injured as a passenger in another person’s vehicle, there are multiple potential sources of compensation:

  • The At-Fault Driver’s Insurance: The liability insurance of the driver responsible for the accident.
  • Your Own Insurance: Your auto insurance policy may cover your child’s injuries. This can be a complex area and a legal professional can help you navigate it.
  • Third Parties: In some cases, third parties may be partially responsible, such as a vehicle manufacturer or the government if road conditions were a factor.

When your child is injured in a car accident, it’s natural to be overwhelmed. But remember, you’re not alone in this. With the right guidance and support, you can navigate the complexities of a personal injury claim to secure the compensation necessary for your child’s recovery.

At Robinson & Casey, we understand the unique challenges that arise when minors are injured in car accidents. We are here to guide you through the legal process, protect your child’s rights, and ensure they receive the compensation they need and deserve. Don’t hesitate to reach out for assistance during this trying time.

Your child’s well-being and future are of utmost importance. Contact Robinson & Casey today to discuss your case and explore your options.

2023-10-25T12:12:26+00:00October 25th, 2023|Uncategorized|

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