Car Accident Personal Injury Claims Involving Children Are More Complicated

Posted on: 18 February 2021

A car crash is not an event that anyone wants to experience, and it can especially be terrifying for a child. After an accident, you will want to immediately find out if your child is okay. Then, you should speak with a personal injury lawyer about how your child might affect your auto accident claim when the other driver is at fault. 

The Effect of a Car Crash on a Child

Even if your child is not injured in the car crash, they might be traumatized by the experience. You might find that your child is afraid to ride in a car again. You may also need to pay for mental health treatment for your child. 

Children still have developing bodies and are more likely to suffer serious consequences for their injuries. For example, young children are more likely to suffer long-term consequences for any head injuries they suffer in a car accident. Therefore, you will want to make sure that you receive full compensation for your child's injuries.

The Statute of Limitations for Children

The statute of limitations works differently for children. The clock does not typically start running until your child has become 18. However, you do not want to delay when filing a claim because a lot of evidence that you may need to prove your case will be lost as time passes. Also, the sooner you get started, the more time that your attorney will have to build a strong case.

Working with an Auto Accident Attorney

You will want to work with an attorney who works well with your child. Children are often witnesses in an accident, and the younger the child, the harder it may be for the child to separate fantasy from reality. However, an experienced attorney will be able to coach your child so that they can help the court understand the child's testimony.

When the Child Is the Driver

Another complication is when the child is the driver. This is especially likely if the child is a teenager. If the child is not listed on the parent's insurance policy, this can lead to the insurance provider not covering the damages unless the child was found to have taken the car without permission. 

For younger children, you will be much more likely to be considered at fault for the accident if the child is driving even for a short distance, and this is a situation that will definitely require the help of a personal injury lawyer.