At best, even minor accidents cause stress and aggravation. At worst, accidents cause injuries and death. While no one should suffer through the effects of a car accident, it’s particularly bad when innocent children are hurt because of another’s negligence. Unfortunately, Alabama personal injury attorneys often see cases involving injured children.
When a child is hit by a car or involved in a car accident, the law allows parents and guardians to fight for the child’s rights. Read on to learn more about what to do if your child has been injured in a car accident.
A car accident involving your child is one of the most frightening experiences any parent can face, whether you were in the car yourself at the time or got a call about it after the fact. Once you know your child is safe, the next questions can come fast: What do I do if my child was injured in a car accident caused by someone else’s negligence? Who will pay for my child’s medical bills? Does our family have any legal options?
If you’re in this situation, you have the right to pursue compensation on your child’s behalf, and Collins Law, LLC, can help you throughout the entire process.
Attorney April H. Collins knows that a child’s injury can affect the whole family. She treats every client with the same care and attention she’d want for her own family and never charges upfront fees to start work on a case. Contact Collins Law, LLC, today to learn more in a free, no-obligation consultation. Your case review is fully confidential, and you won’t owe our firm anything until we secure compensation for you and your child.
What to Watch for in Kids After a Car Accident?
Children don’t always express pain or discomfort the way adults do. A young child may not have the vocabulary to describe a headache, blurred vision, or abdominal pain, and older kids sometimes downplay symptoms because they’re scared or want to seem tough.
You should always take your child to the doctor right after any car accident, even if they don’t seem hurt. Prompt medical care is key to protecting your child’s health and creating a record that you’ll need later if you pursue a claim. Some symptoms may take time to appear, so keep an eye out for signs of the following and seek a follow-up evaluation if any appear:
- Head or neck pain, which could signal a concussion or whiplash
- Stomach pain or bruising, which may indicate internal injuries from seatbelts or airbags
- Limping or favoring a limb, which could point to a fracture, sprain, or soft tissue damage
- Nightmares or new fears of riding in a car, which are common signs of emotional trauma
- Withdrawal from friends or activities, which can suggest anxiety or post-traumatic stress
Children and Car Accidents: A Serious Problem
When it comes to children and car accidents, there is both good and bad news. The good news is that the number of children harmed in car crashes has steadily decreased since the 1970s. Over the past 50 years, laws requiring seat belts, car seats, and other safety measures have made children much safer.
Unfortunately, car accidents remain a leading cause of death for children. According to the most recent U.S. government statistics, car accidents kill three children and injure another 502 every day.
The situation is the same in our state. The Alabama Department of Public Health reports that car accidents are the leading cause of injury-related death in the state. In 2018, 63 Alabama children died in car crashes. Parents and other caregivers should be prepared to prevent and respond to car accidents involving children.
Who is Considered a Child in Alabama?
Before we can discuss what to do if your child has been injured in a car accident, we must define who is a “child” under Alabama law.
Like most people, you’d probably assume that anyone under 18 is a child and anyone over 18 is an adult. This assumption would be correct in most places, but Alabama approaches things differently.
Alabama law states that the age of majority – the age when a person is considered an adult – is 19. You must be an adult to file a lawsuit, sign a contract, or accept a settlement. So, if you are the parent or guardian of an injured child under the age of 19, most of the responsibility for dealing with insurance companies and personal injury lawyers will fall on your shoulders.
Who Can Sue When a Child Has Been Injured in a Car Accident?
Under Alabama Code Section 6-5-390, parents who live together share equal rights to bring claims for injuries to their minor children. If the parents don’t live together, or if a court has granted legal custody to one parent or another party, the person or party with legal custody has the right to bring the claim.
If a minor child doesn’t have a legal parent or guardian available to represent their interests, Alabama’s Rules of Civil Procedure allow the child to sue through a “next friend.” This is an adult who steps in to represent the minor’s legal interests in the lawsuit. Courts may also appoint a guardian ad litem in certain cases to advocate for the child’s welfare throughout the proceedings.
Can I Claim a Child Injury?
Yes. As a parent or legal guardian, Alabama law generally allows you to file a claim on behalf of your minor child after a car accident. This is true whether you’re pursuing a claim against an at-fault driver’s insurance company or filing a lawsuit in court. Because minor children involved in car accidents can’t legally act for themselves, the law places this responsibility in the hands of the adults who care for them.
How Long Do We Have to File a Lawsuit for an Injured Child?
If you intend to file a personal injury lawsuit on behalf of your minor child, Alabama law generally gives you two years from the date of their injury to do so.
If a parent or guardian doesn’t file a claim within the standard two-year window, the child retains the right to file their own lawsuit once they reach legal adulthood. Typically, they have two years from their 19th birthday to sue. It’s worth noting that this provision only protects the child’s individual right to file a lawsuit. It doesn’t extend the window parents have to act on behalf of their children. (However, all claims must be filed within 20 years of the original accident.)
As you can see, many complicated rules determine when you can file your child’s claim. An experienced Alabama personal injury attorney can guide you through the process.
Even if it might seem like you have plenty of time to act, you shouldn’t wait. Over time, evidence can disappear, and witnesses’ memories can fade. Additionally, insurance companies often use delays to their advantage. Also, claims for medical bills must be filed within two years regardless of the injured person’s age. The sooner you speak with an attorney, the better positioned you’ll be to advocate for your child’s right to compensation.
Compensation Available for Child Car Accident Injuries
There is no such thing as an average settlement for children in car accidents. The value of every case depends on the specific facts involved, including the severity of the child’s injuries, the extent of any medical treatment they need, and how the injury affects their daily life.
Depending on the circumstances, compensation in a child injury case may cover the following:
- Past and future medical expenses
- Pain and suffering
- Emotional distress and psychological treatment
- Lost future earning capacity, in cases of severe or permanent injury
- Disfigurement or scarring
- Loss of enjoyment of life
In injury cases involving minors, Alabama courts typically require a formal process to approve any settlements and confirm that they serve the child’s best interests. Courts also have the authority to oversee how a child’s payout is handled to make sure the funds are protected for the child’s benefit.
Can I Accept a Settlement on My Child’s Behalf?
In short, “no.” If your child has been injured in a car accident, the law allows you to file suit. But the law does not allow you to accept a settlement on your child’s behalf – even if the money is desperately needed. Bad parents often agree to a bad settlement simply to end things quickly. Worse, they sometimes steal the child’s money.
Alabama law solves this problem by requiring judges to approve all settlements over $5000 in a “pro ami” hearing. In this hearing, the judge will hear from the child, the parents or guardian, and the accident attorney. The judge will also appoint a guardian ad litem. This person’s sole job is to speak on the child’s behalf and protect the child’s interests. After hearing from everyone, the judge will determine if the settlement is a fair one. (Of course, a personal injury attorney could be helpful in this hearing.)
If the judge approves the settlement, the money related to past medical bills and continuing medical care will be given to the parents. The rest is usually placed in a trust account for the child. The child will receive the funds after becoming an adult.
What Evidence Matters in a Child Injury Case?
Strong claims are built on strong evidence. At Collins Law, LLC, our team works hard to gather and preserve the evidence necessary to support your claim and demand compensation for the pain and suffering of your child in a car accident. Such evidence may include the following:
- Official accident reports
- Medical records and bills
- Photos of the accident scene
- Witness statements
- Expert testimony
- School records showing missed days or academic impacts
- Records from counseling or therapy related to emotional trauma
How Can Parents Prevent Children from Being Injured?
Child car crash injuries can be serious. Parents can take many steps to prevent injuries to children, but the best way to reduce the risk is to ALWAYS use car seats or seat belts.
According to the CDC, car seats, booster seats, and seat belts reduce serious and fatal injuries to children by 80 percent. So, make sure that all children are properly restrained in compliance with Alabama law.
Also, if your child has been injured in a car accident, her car seat is no longer safe. Throw it away. Do not use it, donate it, give it away, or abandon it. Your insurance company should reimburse you for the car seat. Many Alabama organizations offer free car seats to those in need.
Contact Our Alabama Car Accident Lawyers for Help
Hopefully, this article has helped you learn what to do if your child has been in a car accident. If your child suffered injuries in a car accident, you don’t have to sort through Alabama’s legal requirements alone. April Collins of Collins Law, LLC, has spent over a decade helping Alabama families get the compensation they need after serious accidents. She accepts cases on a contingency basis, so you pay nothing until Ms. Collins recovers money on your child’s behalf.
Contact our Alabama car accident lawyers today for a free, no-obligation consultation, and let us give your family the voice you need during this difficult time. Call (205) 588-1411 to schedule a free, no-obligation consultation.
