Do you know road traffic injuries are one of the major causes of death of children and youth between 5-29 years? Yes, each year, approximately 1.3 million people die because of road traffic crashes. Auto accidents among children are pretty common. The highest percentage of child car accidents take place while the child is a passenger.
What Parents Need to Know About Child Car Accident Injuries
The child may be sitting in the car’s front or back seat. The child might also be crushed by a car while playing on the street or crossing. The most common child injuries include organ, chest, head, and back injuries. In such cases, parents should consult auto-accidents lawyers to file a claim against the third party.
Childhood injuries are not similar to adult injuries. It is because children are incapable of expressing their pain as adults do. Things that parents need to know about child car injuries are discussed below.
Firstly, the parents need to check the child’s health after a car accident. Check for visible signs of injuries, as these will help you communicate with the physician. Sometimes injuries do not appear right away after the crash. Try to monitor the kid closely after a few days or weeks of the accident to analyze physical or behavioral changes.
So, do not overlook features like unusual crying or characteristics, excessive sleep, nightmares, limping, or lack of energy. Seek immediate medical assistance if you observe such features. Lay focus on child’s proper health care.
Statute of Limitations
In Los Angeles, the statute of limitations in a personal injury claim is two years from the injury date. However, rules change on the injury of a minor. The statute of limitations is delayed until the 18th birthday of the child wounded in a car accident. It implies that the deadline to either file a suit or settle the claim is 20 years.
However, you need to know that the statute of limitations is not delayed when an injury-causing party or person is a government employee or agency. The government regulates a child’s claim similar to what they do with an adult in that case.
Filing a claim
Although the statute of limitations is extended to an injured child in a car accident, the parents should not delay the process. Instead, they should take quick legal action and file a personal injury claim. It is because the financial burden for treating the child’s injuries increases. In addition, witnesses are no longer around in the long run, so the capacity to prove the case becomes complicated.
Los Angeles does not allow children and young adults under 18 years to participate as independent parties in a civil action. It demands a competent adult to act as a child’s guardian. It can either be the parent or an accident lawyer who can handle the case and make decisions.
Benefits of hiring a lawyer
It is important to hire a qualified car accident lawyer soon after the accident and child’s injury. An experienced advocate can collect the evidence and do all the legal documentation work for the case. It will help you determine the child’s compensation for physical injuries in less time. A lawyer also understands the mental stress that a child goes through after the accident.
The advocate will negotiate with the insurance company to settle so that parents do not find it challenging to meet medical and financial needs. In addition, it will help the parents protect the child’s rights to file a claim and demand adequate compensation.
Consideration for a child
If the settlement payment to the child exceeds $5,000, then Los Angeles law demands having a judge approve the minor’s claim settlement. It will protect the funds from inappropriate use. In cases that involve larger payments, the judge demands to hold the proceeds in a secured annuity or trust. It can be distributed at various intervals during adulthood.
The court does not allow parents or guardians to access the funds inappropriately and expose them to the risk of loss. Parents might get compensation directly like medical expenses for a child’s injury, but it will limit the use of settlement funds.
A child’s car accident is a tragic incident in parents’ and children’s lives. Children go through a lot of physical and emotional changes that adults fail to understand. In that case, hiring an auto accident advocate will help you file a personal injury claim on behalf of the minor. It will also help to get the appropriate compensation for the child’s injuries.