There are so many ways for kids to get hurt when it comes to motor vehicles. Among other hazardous situations, they could get locked in the trunk or overheat while unattended. But, by far the most common way in which children get hurt when it comes to cars and trucks is collisions.
When children are involved in car crashes, the emotional and physical aftermath can be particularly devastating. Understanding the legal options available in this situation is important for parents and guardians seeking to protect and advocate for the well-being of an injured child. There are, ultimately, several avenues to pursue when one is worried about securing necessary care and compensation for an injured child’s physical harm and broader suffering.
Filing an insurance claim
Filing a claim with one or more insurance companies is usually the first step that parents take when their kids are injured in a crash. This effort could be made through the insurance of an at-fault driver or the injured child’s parent’s insurance policy, depending on the specific circumstances of the crash and the insurance coverage in place. Insurance claims can cover medical expenses, rehabilitation costs and, in some cases, pain and suffering.
Filing a personal injury lawsuit
If an insurance claim does not fully cover the damages at issue or if an insurance company disputes the claim, filing a personal injury lawsuit may be necessary. This legal action is taken against the party at fault for the accident. A personal injury lawsuit can seek compensation for medical bills, future medical treatment, emotional distress and any long-term care needs or disabilities resulting from the accident.
In situations where the injury was caused by a defective vehicle or car seat, a product liability claim can be filed against the manufacturer. These specific kinds of personal injury claims argue that the harm in question resulted from a product the child was using at the time of the crash, which was supposed to protect them but failed due to design or manufacturing defects.
Each child’s case is unique, and the legal options available to an affected family depend on the specifics of a particular crash, the extent of the injuries at issue and the laws in the jurisdiction where the accident occurred. By seeking personalized legal guidance, parents of injured kids can better understand their rights and place themselves in a strong position to make informed decisions about pursuing compensation.
