According to data from the National Highway Traffic Safety Administration (NHTSA), an estimated 156,502 children were injured in traffic crashes in 2022, with 1,129 aged 14 and younger being killed. That means an average of 3 children were killed and an estimated 429 injured every day in traffic crashes that year.
If you’re a parent or caregiver, there are few things more devastating than knowing your child has been hurt in a car accident. You’re likely to be worried for their physical well-being and fear any long-term impacts the accident may have.
Below, we show you the steps you need to take that are essential to both your child’s recovery and your family’s peace of mind. Know that even if your child is a minor, you have a right to make a personal injury claim on their behalf so you can receive the compensation you need to put your lives back together as best you can. Our Virginia Beach personal injury attorneys are here to help and encourage you to call us for a free initial consultation.
What Do I Do Right After the Accident?
The first priority after an accident is to ensure your child receives immediate medical attention. Call 9-1-1 if necessary.
Even if your child seems fine, it’s best to have them evaluated by a medical professional. Certain injuries like concussions, whiplash, back and neck pain, and internal injuries may not be evident right away. It’s also important to have a record of seeking medical treatment in case you decide to file a personal injury claim later on.
Other important steps include:
- Gather evidence: While at the scene, if it’s safe for you to do so, gather all the evidence you can. Take photos of the scene, vehicle damage, and any visible injuries. Then, collect information from all parties, including names and contact details, insurance information, vehicle descriptions, and witness contact details.
- Contact law enforcement: It’s always best to contact the police, as they will provide an official record of the accident.
- Check the car seat: If your child was in a car seat at the time of the accident, check its condition and replace it if necessary.
- Contact your personal injury lawyer: We will investigate the crash and gather evidence to prove negligence on the part of the other driver(s). We can also negotiate with the insurance company on your behalf while you focus on taking care of your child.
- Offer emotional support: Realize that your child may be emotionally affected by the accident. They may experience anxiety, fear, or nightmares. Seek counseling if necessary to help them process the experience.
How a Minor Can Bring a Lawsuit Against a Negligent Driver
A minor cannot file a car accident lawsuit on their own, but a parent or guardian can file a claim on that minor’s behalf. This person is referred to as the “next friend” and must be at least 18 years old. This guardian acts as a legal representative for the minor and is responsible for making decisions on their behalf.
Making a claim on behalf of your child, though, is somewhat different from making a claim for yourself. The child is the one with the legal claim. That means that any settlement award will go to the child.
Under Virginia law (Va. Code 8.01-424), in most cases, a child’s settlement must be approved by the court to ensure it’s fair and in the best interests of the minor. This helps prevent low-ball offers from insurance companies and protects the child’s access to the money.
Once the court approves the settlement, the money legally belongs to the child. If the settlement amount is $15,000 or less, a judge may require that the parents place the funds in an interest-bearing account in the minor’s name. Or, if the settlement is large, the court may hold it until the child turns 18. This usually benefits child victims because their settlements accrue interest over time.
Exceptions and unique circumstances may exist, so it’s always important to consult with a personal injury attorney.
How Do I Pay the Medical Expenses?
Most likely, you are the one paying the child’s medical expenses. Any settlement legally goes to the child, meaning you will likely not have access to it. Can you be reimbursed for the child’s medical expenses?
This is where an experienced personal injury attorney can help. We may request part of the funds from the settlement be used to pay any outstanding medical bills. You will need the approval of the court to be reimbursed for your current medical expenses out of the child’s settlement. Or, we can file a separate lawsuit on your behalf to recover those damages.
How Long Do I Have to File a Claim?
The standard statute of limitations for a personal injury claim in Virginia is two years from the date of the accident.
Minors are automatically given an extension on this, however. They have two years from turning 18 to file a lawsuit if they plan to represent themselves. But it’s best not to wait and file a claim for your child as their representative. Evidence can grow cold, and you have a better chance of securing the compensation you need by talking to your lawyer right away.
In some circumstances, however, the extension may be helpful, particularly if the child’s injuries are severe and treatment is expected to take a long time or if the full impact of the injury takes significant time to show up.
How Can a Personal Injury Attorney Help?
If your child suffered a serious injury in a car accident, contact our firm today for a free initial consultation. We will carefully investigate your case as we did for our client who was involved in a car accident in Virginia Beach. The accident caused serious injuries to a young mother and minor injuries to her 9-month-old son.
Named a “Best Law Firm” since 2010, we have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.
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