Car Accidents with Kids

Hillsville Speeding Tickets & Reckless Driving Lawyer - The Jackson Law Group

Car Accidents Involving Children: What You Need to Know

Any car accident is a serious event, but when children are involved, the risks increase significantly. Due to their smaller size and developing bodies, children are especially vulnerable to severe injuries in collisions, including rollovers and head-on crashes. For families, dealing with the aftermath of such accidents is emotionally overwhelming, and pursuing a settlement for a child’s injuries adds another layer of complexity. At The Jackson Law Group, we understand the challenges families face after serious accidents, and our Virginia car accident attorneys are here to help you navigate the process and seek the compensation your child deserves.

Common Injuries to Children in Car Accidents

Children are far more fragile than adults, and even a minor accident can lead to devastating injuries. Unfortunately, in the chaos of a crash, children may be thrown around the vehicle, especially if their car seat malfunctions or is improperly installed. Among the most common injuries that children suffer in car accidents are:

  • Concussions and Traumatic Brain Injuries (TBIs): Head injuries can be particularly damaging to children, affecting not just their immediate health but their long-term cognitive development.
  • Neck and Spine Injuries: The force of a collision can cause whiplash or more serious spinal damage, especially in younger children whose neck muscles are not fully developed.
  • Fractures and Broken Bones: The impact of a crash can result in broken bones, including fractures to the arms, legs, and ribs.
  • Facial Injuries: Airbags, shattered glass, and impact with hard surfaces can cause severe facial injuries, including lacerations and fractures.
  • Nerve Damage: Damage to nerves can result in long-term disabilities, such as paralysis or chronic pain.

Diagnosing injuries in infants or toddlers can be challenging since they may not be able to communicate their pain. It’s crucial to take your child to the hospital immediately following an accident for a thorough examination, especially if head injuries are suspected.

Determining Liability: Who Can You Sue?

When a child is injured in a car accident, the legal process for holding the responsible party accountable is similar to adult injury claims. If another driver’s negligence caused the accident—such as running a red light or rear-ending your vehicle—you can file a lawsuit against that individual on behalf of your child. If both you and your child were injured in the same accident, the claim will typically be filed against the same defendant.

In some cases, a child’s injuries may result from a defective car seat or booster seat. If the seat fails during the collision—such as if the bottom breaks loose or the shoulder straps tear—you may have grounds for a product liability claim against the manufacturer or designer of the seat. Improper installation instructions can also lead to accidents, as a poorly installed seat can cause serious injuries like strangulation or lacerations. Let us examine the car seat and its components to determine whether a defect played a role in your child’s injuries.

Settling a Child’s Car Accident Claim: Special Considerations

Car accident claims involving children come with additional complexities, particularly when it comes to settlements. Under Virginia law, minors (those under 18) are not legally able to settle their own claims. A settlement is considered a contract, and only adults can enter into legally binding agreements.

Moreover, parents cannot automatically settle on behalf of their child. Virginia law requires that the court get involved to approve any settlement related to a child’s personal injury claim. A judge will review the settlement to ensure that it is fair and in the best interest of the child, given the nature and extent of their injuries. Additionally, any compensation awarded to the child is typically held in a trust and made available to them when they reach the age of majority. This ensures that the funds are preserved for the child’s future needs, and parents do not have access to the money.

It’s also important to note that the statute of limitations is different for children. While adults have two years from the date of the accident to file a personal injury claim, the statute of limitations for minors begins when they turn 18. This means that a child has until their 20th birthday to file a claim for injuries sustained in a car accident. However, it’s always best to consult with an attorney as soon as possible to preserve evidence and build a strong case.

Speak with a Virginia Car Accident Lawyer

When your child is injured in a car accident, nothing is more important than ensuring their safety and recovery. At The Jackson Law Group, we understand the heartbreak and anger that parents feel when their child is hurt due to someone else’s negligence. Now is the time to hold the responsible party accountable and seek justice for your family.

Our firm has extensive experience handling injury claims for children and families, and we are ready to fight for the compensation your child deserves. Call us today to schedule a free consultation with a knowledgeable Virginia car accident attorney. Let us help you protect your child’s future.