What to Do if Your Child Was Injured in a Car Accident
Few situations are more frightening than learning your child has been hurt in a car accident. In the moments that follow, parents are often overwhelmed by fear, confusion, and uncertainty about what to do next. If your child was injured in a car accident, knowing the right steps to take can help protect their health, their legal rights, and your family’s future.
At Denlea & Carton LLP, our car accident attorneys understand how emotionally devastating child injury cases can be. Our White Plains personal injury lawyers regularly help families navigate the legal process after serious accidents involving children, providing guidance, advocacy, and reassurance during an incredibly difficult time.
The Immediate Steps to Take After a Car Accident Involving a Child
The actions you take immediately after a crash can have a lasting impact on your child’s recovery and any potential legal claim. Prioritizing safety and documentation is essential.
- Ensure everyone’s safety and call emergency services right away. Even if injuries appear minor, police and medical professionals should be notified. Emergency responders can assess the scene and provide immediate care if needed.
- Seek medical attention for your child as soon as possible. Children may not always show symptoms right away, and some injuries, such as concussions or internal trauma, may take hours or days to become apparent. Prompt medical evaluation creates a record that links the injury to the accident.
- Notify the police and request an official accident report. This report can play a critical role in establishing what happened and who may be at fault.
- Gather information at the scene if it is safe to do so. This includes names and contact details of drivers, insurance information, license plate numbers, and contact information for any witnesses.
- Avoid admitting fault or discussing the accident with insurance companies before speaking with an attorney. Statements made early on can be used against you later, even if they seem harmless at the time.
- Contact an experienced child injury lawyer today. Personalized legal guidance can help to ensure your child gets the help they need
Common Injuries Children Suffer in Car Accidents
Children are particularly vulnerable in car accidents due to their size and developing bodies. Injuries can range from minor to life-altering.
Common injuries include:
- Whiplash and soft tissue damage
- Broken bones
- Head injuries such as concussions or traumatic brain injuries
- Spinal injuries
- Internal organ damage
- Seatbelt injuries, which can cause bruising or internal harm
Children may develop anxiety, sleep disturbances, or fear of riding in vehicles after an accident. These effects can require counseling or long-term care.
Who Can Be Held Responsible for Your Child’s Injuries?
Determining liability is a critical part of any child injury case. Responsibility often falls on the party whose negligence caused the accident.
In some cases, additional parties may share responsibility. School bus drivers, rideshare drivers, or daycare transportation providers may be liable depending on the circumstances. If a defective vehicle part or dangerous roadway condition contributed to the accident, manufacturers or government entities may also be involved.
Even if your child was the victim of a hit and run, you can still claim compensation through your own insurance if the negligent driver cannot be found.
Can You File a Claim if Your Child Was Injured?
If your child was injured in a car accident, parents or legal guardians have the right to pursue compensation on the child’s behalf. Because minors cannot file claims on their own, the law allows adults to act in their best interests.
What if Your Child Was a Passenger or Pedestrian?
The circumstances of the accident play a significant role in how a claim is handled.
Child Injured as a Passenger
If your child was a passenger in a vehicle, a claim is often filed against the at-fault driver’s insurance. This may include another driver or, in some cases, the driver of the vehicle your child was riding in. Multiple insurance policies may apply depending on the situation.
Child Hit by a Car as a Pedestrian
When a child is struck by a vehicle as a pedestrian while walking or crossing the street, the driver is often liable. However, if the accident involved poor road design, broken signals, or inadequate crosswalks, a municipality may share responsibility. These cases can involve special notice requirements and shorter deadlines.
Rideshare or School Transport Accidents
Accidents involving rideshare vehicles or school transportation can involve multiple layers of liability, including drivers, companies, and insurers. These claims are often more complex and require careful legal analysis.
How Compensation Works When a Child Is Involved
New York law provides special protections for minors in personal injury cases. Any settlement or court award involving a child typically requires court approval to ensure the outcome is fair and in the child’s best interests.
Settlement funds are often placed in a trust or court-controlled account until the child reaches adulthood. This ensures the money is preserved for future needs such as education, medical care, or living expenses.
In some cases, a guardian ad litem may be appointed to represent the child’s financial interests during the legal process. This added safeguard helps ensure the settlement truly benefits the injured child.
While New York generally allows additional time to file claims involving minors, there are still strict deadlines and exceptions. Acting quickly helps preserve evidence and protects your legal options.
Why Legal Representation Matters in Child Injury Cases
Cases involving injured children are legally and emotionally complex. Insurance companies may attempt to minimize payouts, even when a child has suffered serious harm.
An experienced personal injury attorney can handle communications with insurers, gather medical evidence, consult experts, and calculate the full scope of damages. Legal representation ensures that short-term settlements do not overlook long-term needs.
At Denlea & Carton LLP, our legal team approaches child injury cases with care, diligence, and a commitment to protecting families. Our child injury attorneys understand the stakes involved and work to secure outcomes that support a child’s recovery and future well-being.
FAQs About Child Car Accident Claims
What should I do right after my child is hurt in a car accident?
Seek immediate medical care, contact the police, document the scene if possible, and avoid speaking with insurance companies before consulting an attorney.
Can I sue if my child was hit by a car?
Yes. Parents or guardians can pursue a claim on behalf of a child injured by a negligent driver, whether the child was a pedestrian, passenger, or cyclist.
How is pain and suffering calculated for a child’s injury?
Pain and suffering considers the severity of the injury, the child’s recovery process, emotional trauma, and how the injury affects daily life and development.
What happens to a child’s settlement money in New York?
Settlement funds are typically held in a court-approved account or trust until the child reaches adulthood, ensuring the money is protected.
How long do I have to file a claim for my child’s accident?
While New York allows extended time for minors, deadlines vary depending on the type of claim and parties involved. Speaking with an attorney as soon as possible is strongly recommended.
Speak with a White Plains Child Injury Lawyer Today
If your child was injured in a car accident, you do not have to face the legal process alone. Taking early action can help protect your child’s health, financial security, and future opportunities. A knowledgeable attorney can step in quickly to manage legal details while you focus on your child’s recovery and emotional well-being.
Denlea & Carton LLP has decades of experience representing families in White Plains and throughout New York. We understand the unique challenges involved in child injury cases and approach each matter with care, diligence, and personal attention. Our legal team works closely with parents to ensure every decision is made with the child’s best interests in mind.
When you work with Denlea & Carton LLP, the firm can help by:
- Investigating the accident and identifying all potentially responsible parties.
- Handling communication with insurance companies to prevent unfair settlement pressure.
- Gathering medical records and working with experts to assess current and future care needs.
- Calculating full compensation that reflects both immediate and long-term impacts on your child.
- Guiding parents through court approval and trust requirements for minor settlements.
- Advocating aggressively for fair outcomes while treating your family with compassion and respect.
To speak with a White Plains child injury lawyer, contact us today at (914) 331-0100 for your free, confidential consultation. Getting trusted legal guidance can provide clarity and peace of mind during an incredibly challenging time.
