When there are children involved in a car accident, the claims are more complex due to the need for adult assistance in seeking compensation. Given their fragility, children are at a higher risk of injury in crashes. If your child has been injured, you may be able to pursue compensation from those at fault.
Contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 to let them handle your case while you focus on your child’s recovery.
What to Do if There Were Children Involved in a Car Accident
Even the safest drivers can’t control the actions of careless drivers nearby. In 2021, an average of 3 children were killed and around 445 were injured daily in traffic accidents. If your child is injured in a car accident, you can avoid common mistakes after a car accident by following these steps:
Get to Safety
If your car is still on the road after an accident, move it to the shoulder if possible. If it’s not drivable, turn on your hazard lights to alert other drivers. After ensuring your safety, assess injuries and call 911. Provide your location and the condition of everyone in the car while staying calm.
Once it’s safe, check on your child but avoid moving them, especially if they’re in a car seat, as this could worsen injuries. Children are particularly vulnerable to spinal injuries, so wait for EMTs to handle any necessary movement. Remember, they may not communicate their pain effectively, making caution essential.
Get Medical Care for Your Child
The most important thing is to ensure your child receives medical attention. If the child is seriously injured, they will need immediate care. An ambulance might have taken your child to the hospital, or you might have gone directly to the emergency room following the accident.
Even if your child seems fine, it’s still essential to have them evaluated by a doctor. Children often don’t express pain or injuries accurately, so a professional assessment is crucial.
Common injuries that children can sustain in car accidents include:
- Whiplash
- Broken bones
- Internal injuries
- Concussions
- Soft tissue damage
- Emotional distress
Make sure your child keeps all medical appointments and physical therapy sessions. This promotes better recovery and helps link the accident to injuries, which could be significant for legal matters in the future.
Gather Information About the Accident
This can be particularly challenging when a parent must support a child following a car accident, yet it’s an essential step for securing compensation. Take photographs of the vehicle that struck you, or jot down the license plate number. A police officer can gather the other party’s insurance details and include them in the accident report. Make sure to obtain a copy of this report. Write down other relevant details of the accident before you forget them.
Monitor Your Child’s Health
Following the accident, keep a close eye on your child’s health. Injuries from car accidents can appear days or even weeks later. Be vigilant about new symptoms or shifts in behavior, and consult a healthcare professional if anything seems unusual.
Consider Legal Assistance
Injuries resulting from car accidents can result in considerable medical costs and emotional distress. If another driver’s negligence caused the accident, seeking guidance from a personal injury attorney well-versed in Illinois law can help secure fair compensation for your child. This legal assistance can also reduce stress during this challenging period.
Who Is Legally Responsible for Injuries to Children in Illinois Car Accidents?
In Illinois, if a car accident occurs due to a driver’s negligence, that driver is responsible for damages, and their insurance typically covers costs such as medical bills and property damage. This rule applies equally to accidents involving children. The situation is the same for accidents involving children.
To hold the other party accountable for your child’s injuries, you need to prove that their negligence caused the accident. For instance, if they violated a traffic law outlined in the Illinois Vehicle Code, that could strengthen your case against them.
Your car accident attorney will need to carefully investigate how the accident happened to identify who is responsible for your child’s injuries. It’s possible that more than one party could share liability. If someone else was responsible for transporting your child during the accident, that person might also be held liable.
For example, if your child was on a bus for a field trip and the driver was using their phone when the accident occurred, you could file a claim against the bus driver, the bus company, and possibly others involved.
To gain a clearer understanding of who might be liable for your child’s injuries in a car accident, consult with your attorney and discuss your situation.
How Car Accident Cases Differ When a Child Is Involved
When a child is involved in a car accident, the claim can differ from those involving only adults.
Damages
Unlike adults, children may not have a wage history to reference for lost income. If a child’s injury results in permanent disability, it impacts them for much longer than an adult who suffers a disability later in their life.
If your child was injured in a car accident, you can also seek compensation even if you did not suffer personal injuries. You can claim for expenses like hospital bills and lost income due to taking time off work to care for your child. Additionally, you may seek reimbursement for hiring caregivers.
These factors can influence the overall value of a child’s case, so it’s important to choose the best car accident lawyer and discuss them with your lawyer.
Comparative Negligence in Child Car Accident Claims
Negligence standards in Illinois car accident claims differ when children are involved. The state uses a modified comparative negligence system, assigning fault to each party and reducing compensation according to their share of fault. For adults, if they are over 50% at fault, they can’t sue. In contrast, while this applies to children, they are seen as mentally underdeveloped and are often considered blameless. Liability decisions are made case-by-case.
Statute of Limitations
If a minor is involved in an accident, their parent or guardian must take action on their behalf. When a parent files a claim for their child, the standard limitation period for personal injury claims in Illinois applies, which is two years starting from the date of the accident. While there is no law on how long you have to get a car accident lawyer, you should consider getting one as early as possible to avoid missing the statute of limitations.
However, if a minor wants to file their own claim, many states, including Illinois, extend the start of the statute of limitations until the child turns 18. Additionally, in many states, court approval is required for a settlement regarding injuries to an unemancipated minor child.
How an Illinois Car Accident Lawyer Can Protect Your Child’s Rights After a Crash
After an accident involving a child, while you concentrate on your family’s well-being, a motor vehicle accident lawyer can handle the legal aspects of your case.
Having an attorney can be beneficial in navigating the legal challenges that arise after a car accident involving your child. They will represent your child’s rights and interests during the claims process and have the skills needed to negotiate with insurance companies, ensuring you receive fair compensation for medical costs, pain and suffering, and other damages. Their professional help is crucial, particularly in cases with complicated liability issues or disputes with insurers. With legal support, you can focus on your child’s recovery, knowing their rights are safeguarded.
Car accident lawyers can:
Investigate Your Accident
Your attorney can delve into the specifics of the incident, gathering evidence such as traffic camera footage, police reports, and accident reconstruction information to strengthen your case.
Handle Communications
After the accident, you might receive calls from claims adjusters, other lawyers, or the at-fault party. You won’t have to manage these interactions alone; your attorney can take care of it for you.
Assess Your Losses
The injuries your child sustains could have lasting effects. It’s important that your settlement reflects not just immediate costs, but also future expenses. Your lawyer can help determine an accurate value for your damages, ensuring you seek the full value of your claim.
File Your Claim or Lawsuit
Navigating the paperwork and negotiations involved in filing a claim or child injury lawsuit can be overwhelming. You should be able to focus entirely on your children, and your lawyer can take over the legal responsibilities while you do so.
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to safeguard your rights and those of your child following a car accident, and to help you aim for the maximum possible damages.
