Child Injuries in Car Accidents: Special Considerations and Legal Protections

Child Injuries in Car Accidents: Special Considerations and Legal Protections

March 12, 2024

In California, individuals under the age of 18 are legally considered minors. Should a minor get hurt in an accident and settlement discussions fail, a lawsuit becomes necessary. In such instances, a parent or guardian must handle the negotiations on behalf of the minor.

Adult children who suffer injuries due to someone else’s negligence can initiate a lawsuit themselves, but an adult must conduct the negotiation process. A personal injury firm such as Avian Law Group can offer support through these proceedings.

What to Do When Your Child Suffers an Injury in an Accident?

If your child is injured, reaching out to a personal injury law firm can be a crucial step in claiming damages from those responsible, especially when facing medical or rehabilitation expenses. The process involves completing specific forms, such as MC-350 or MC-350 EX, which record the details of all involved parties, the nature of your child’s injuries, and the compensation being sought for medical costs, rehabilitation, pain, and suffering.

Should a parent or guardian prefer to settle without directly involving their child, the settlement discussions and details can remain confidential, aiming for an agreement directly between the parent and the responsible party.

Settlements can often be negotiated outside of court, avoiding the need for a lawsuit, provided all parties can agree on the settlement terms.

How to File a Personal Injury Claim for Your Child?

When pursuing a personal injury claim for your child, the law firm representing you will require a medical assessment by a healthcare professional they collaborate with. This step is essential to verify and document the injuries your child sustained. It’s not uncommon for the responsible party to be uncooperative, making the collection of witness accounts critical to strengthening your case.

Before reaching any settlement, it’s important for a parent or guardian to communicate with their insurance company regarding the incident. The insurer will be interested in understanding the severity of the child’s injuries and identifying the liable party to determine potential changes to the insurance premium once the claim is resolved.

If your child has been injured in an accident and you’re seeking guidance on how to proceed discreetly while ensuring your child receives the compensation they are entitled to, Avian Law Group is ready to assist you, prioritizing confidentiality and your child’s best interests throughout the process.

What Are My Rights?

Many individuals assume that insurance will cover all expenses if they are injured in an accident, but this isn’t always true. While insurance might cover initial medical costs, long-term care often requires out-of-pocket expenses. When a child is injured, the situation is even more complex due to the expectation that parents will cover their child’s needs.

In California, parents are legally obliged to financially support their minor children. If a minor is injured or dies due to someone else’s negligence, it’s expected that the parents will provide financial support. For surviving injured children, parents can claim expenses necessary for their child’s care. In tragic cases where a child passes away due to an incident or situation against California law, parents can claim damages for lost financial support, services, and companionship.

The strength of a parent’s claim increases if they are the primary financial provider for the child. However, if the child has alternative income sources, the court may adjust the claim to reflect the child’s financial needs more accurately.

To claim loss of support for an injured child, parents must prove the potential earnings of the child, emphasizing the child’s capability to generate income rather than waste it.

If the child is unharmed, parents might still have a claim for the loss of future income, assuming the child would have worked or pursued education if not for the disability.

Claims can also extend to the loss of services the child would have provided, like babysitting or yard work, which now incur additional costs for the parents.

Furthermore, parents can seek compensation for educational expenses, such as college or special education programs, which wouldn’t have been necessary if the child had survived.

However, there’s a time limit for filing a lawsuit in California. Parents typically have two years from the accident date to initiate legal action.

For guidance on securing compensation for your child’s injury, contact Avian Law Group for a complimentary, no-obligation legal consultation. Call now to discover how we can assist you in obtaining the compensation your child deserves.

Posted by

Laura Delgado

Laura Delgado is an accomplished digital marketing specialist at Avian Law Group. She brings with her a wealth of experience and a strong background in criminal justice and psychology, which has proven to be invaluable in her role at the firm. Laura’s exceptional leadership qualities and her ability to excel under pressure enable her to adapt to any situation and contribute significantly to the team.

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