If there were minor children involved in your car accident, get medical care right away. This may involve bringing them to an urgent care center or calling 911, depending on the situation. You should also seek a medical evaluation, as you may have suffered injuries in the collision.
You have legal options if your children were involved in a car accident. For instance, you could file a claim with the at-fault driver’s insurer, seeking compensation for your children’s medical expenses and other needs. You could also sue the at-fault motorist directly.
Steps to Take When Children Are Involved in a Car Accident
If your children were involved a car accident, here are some considerations:
Step One – Call the Police
Calling the police is essential whenever you are in an accident with injuries. The police can file a report after investigating the scene. Calling 911 also dispatches an ambulance to your location, allowing your children to get immediate medical care. As noted, you should also seek an evaluation, as adrenaline released during an accident can sometimes mask serious injuries. You want to do everything possible to ensure your health.
Step Two – Get the Other Party’s Contact Details
Your focus may be on your children if they are severely injured. Still, it’s important to get the contact information and insurance details from others involved in the accident. This could make filing a claim more straightforward later on.
Step Three – Gather Evidence
If you’re able, take photos of the accident. Be sure to include the damaged vehicles and their license plate numbers. Also, get a copy of the accident report, and note any key details that could bolster your injury claim later.
Step Four – Refrain from Giving the Insurance Company a Recorded Statement
Insurance companies know that car accident cases involving children are high-stakes matters. So, they often send claims adjusters to get recorded statements from involved parents. Don’t give a recorded statement. It only benefits the insurance company. Anything you share will not resolve your case sooner or for more money.
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You Can Seek Damages After Your Child Gets Into a Collision
As the parent of an injured child, you can seek financial recovery for the expenses related to the collision, which may include:
- Medical bills, such as prescriptions
- Your lost income, if your child’s injury caused you to miss work
- Property damage costs, including your vehicle’s repair needs
- Pain and suffering
The state imposes a filing deadline on civil lawsuits. Your case’s deadline depends on who’s filing for damages.
You Must Take Legal Action Within the State’s Civil Deadline
According to Md. Cts. & Jud. Proc. Code § 5-101, you generally have three years to file a car accident lawsuit. You have the right to initiate legal action and seek damages on behalf of your children. Yet, Md. Cts. & Jud. Proc. § 5-201 notes that the statute of limitations pauses if your children want to file a lawsuit.
The state considers your child to be disabled until they reach the age of majority. Here, they could have the right to seek financial recovery when they turn 18. Their eligibility to file a lawsuit depends on how long ago the accident happened, along with other factors.
Consider Getting Legal Help After Your Children Are Involved in a Car Accident
You have enough on your plate as a parent. Having your children get hurt in a car accident only compounds matters. While you focus on your family, you can entrust your case to a car accident lawyer. They can file your claim, pursue compensation, and keep you “in the loop.”
A car accident lawyer can also:
- Investigate your accident. An attorney can look into the details of your accident and find evidence to support your case, such as traffic camera footage, the police report, and accident reconstruction data.
- Manage communications with those involved. Claims adjusters, other attorneys, and even the at-fault party may contact you after the accident. You don’t have to juggle communications with these parties alone; your lawyer can accomplish that for you.
- Calculate your losses. A child’s injuries from a car accident could affect them for years. This means your settlement should account for your past, present, and future losses. Your lawyer can assign an accurate value to your damages, so you can seek what you need.
- File your claim/lawsuit. Filing an insurance claim or lawsuit comes with many obligations, from filling out paperwork to negotiating a settlement. You should have the freedom to fully focus on your children. Your lawyer can manage your legal matters in the meantime.
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Explore Your Legal Options After a Car Accident Today
If your child was involved in a car accident and suffered injuries, call the Law Offices of Adam M. Smallow. Our attorneys understand the importance of your case. We can review your case for free and seek justice.