A car accident can be an incredibly traumatic experience for anyone, but it can be especially difficult if a child has been injured in the accident. Most people understand that if you have been injured in a car accident you are able to pursue compensation for your injuries through an insurance claim, but can a child seek compensation for their pain and suffering as well?
As your Salt Lake City car accident lawyers we believe it is important to understand that minors do have rights and protections in a car accident to help protect them. These protections are designed in a way to ensure that children are able to receive the appropriate care and compensation for any harm that they have suffered from.
In this article our car accident lawyers will be diving into the rights that children have in a car accident with the goal of arming parents and guardians with the knowledge to help keep their children protected in the event of a car accident.
Rights of Children in Car Accidents
When a child is involved in a car accident regardless if they are a passenger or a pedestrian, they are entitled to several fundamental rights designed to protect their well being as well as their future interests. These rights include:
Right to Medical Treatment
If a child was injured in a motor vehicle accident then they have the right to seek immediate and appropriate medical treatment for any injuries that they may have received. After a car accident the first priority should be addressing any injuries ranging from minor cuts and bruises to more severe injuries such as spinal injuries, traumatic brain injuries, or broken bones. Medical providers are obligated to deliver care to all parties regardless of their age. A parent or guardian is also able to pursue compensation for a child’s injuries on their behalf through an insurance claim or lawsuit.
Right to Pursue Compensation
All minors have the right to pursue compensation for any damages that they have received due to the accident. Minors rights to compensation means that an insurance company can not discriminate against a child’s damages and their rights to compensation are equivalent to those available to adults. These rights extend to economic damages (medical bills, damages to a vehicle), rehabilitation costs (for any therapies that are needed after the accident), and lost earnings if the injury results in long term impairment. A child also has equal rights to pursue non-economic damages such as pain and suffering, emotional distress, and a diminished quality of life.
One important thing to note is that a child does not have the legal capacity to initiate a claim independently. A minor will have to have a parent or a legal guardian act on their behalf to ensure that their decisions are made by responsible adults while protecting their child’s interests.
Right to Pursue a Lawsuit
A minor or child is able to pursue a lawsuit for their damages if their case is not able to be settled outside of court. This does mean that they will have to file this lawsuit within the statute of limitations. Here in Utah that is 4 years, which means that you have 4 years from the date of the accident to pursue a lawsuit.
These rights combine with the goal to mitigate the long term impacts that a car accident can have on a child’s physical, emotional, and educational development while ensuring that the at fault party is held accountable.
What Should I Do If My Child Was Injured in a Car Accident?
The aftermath of a car accident can be stressful, especially if your child has been injured and you may wonder what your next steps should be. If this is the case try to remember to do the following:
- Seek Medical Attention Immediately: It is critical to go to a medical professional as quickly as possible after a car accident and get a full medical evaluation, even if you are not feeling injured. A doctor will be able to reveal all of the injuries that you have suffered from and will be able to craft a specialized treatment plan for your child’s road to recovery.
- Gather Evidence: Take as many photos and videos of the accident scene as possible. Try to get pictures of the damaged vehicles, road conditions, and gather witness statements from anyone who might have seen the accident as their statements can be used as an unbiased account of what happened.
- Call the Police: The police will be able to make a police report at the scene of the accident which is what an insurance company will use to determine who is at fault for the accident. These reports are absolutely vital for any possible personal injury claim.
- Gather Contact Information: Make sure that you gather the names and insurance information of all parties who were involved in this accident as well as any potential witnesses to the accident, this will be necessary in setting up an insurance claim.
- Call a Salt Lake City Car Accident Lawyer: Calling a skilled car accident attorney will help ensure that your child’s case goes as smoothly as possible. They will talk to the insurance company on your behalf so that you can focus on what is really important, your child’s recovery.
A child has the same rights as any adult in a car accident and they are entitled to the compensation to be made whole after they have been injured. If your child or someone you know has been injured give a call to the Salt Lake City car accident lawyers at LifeLaw Personal Injury. Our team of the best car accident lawyers in Salt Lake will fight for your child’s rights tirelessly ensuring that their case gets handled with the professional treatment that it deserves. We at LifeLaw believe that our clients should feel heard every step of the way through their case and we try our hardest to offer the best client communication possible. To get the help that you and your child deserve, call the car accident experts at LifeLaw Personal Injury for a free consultation and to discuss your next steps!