My Child Was Injured in a Car Accident. How Do I Go about It?
- hineslaw2
- Jul 19, 2022
- 3 min read
Scenario
I was traveling with my child to town when a distracted driver rammed my car from behind. We both suffered injuries, with my kid suffering fractures to her legs. I have taken the necessary measures to handle the claim, but at times I don't know whether what I am doing is correct because I have never handled an accident with a minor in the picture. What are the steps to follow to get compensation for her injuries?
Road accidents happen, and they happen even when you have kids in your car. Seeing your kid injured is one of your worst fears. If the other driver is the one that caused the accident, then you can open a personal injury case to fight for the rights of the child.
Truth must be told – you cannot avoid accidents while on the road. You cannot hide the child so that they aren't exposed to the dangers that come with driving.
Accidents can happen when you drive to the mall, the hospital, or any destination. The best thing is to know what to do when faced with such a situation.
Due to their young age and vulnerabilities, children are prone to injuries that can alter their lives. This is why you must file a personal injury claim against the errant driver.

The Differences Between Minors and Adults
Children under the age of 18 years are considered minors and aren’t allowed to file a claim on their own. You can do this on their behalf.
During the first meeting with local car accident lawyers, the story is the same – personal injury claims involving minors are more complicated than adult claims. Adults can take charge of their responsibilities when an accident happens, but children can’t take charge of situations.
Here are a few steps to take when you decide to file a claim.
Provide all The Information Regarding the Minor
The local car accident lawyers and the insurer will need you to provide all information regarding the minor. This includes his age, name, and the relationship you have with him.
This will prove that you are the right person to file a claim. It is worth mentioning that you don't have to be a blood relative to file a claim for the minor. All you need is to express concern, have the required information and you are good to go.
Prove Fault
This is the point where things begin getting a bit complicated. Since the minor can’t file a claim independently, you need to have the evidence to prove that the other driver was negligent and needs to be held accountable for injuries and damages.
Don't hold back any information relating to the accident. Say the truth always, however challenging it might be. You might be prompted to be with the child when he is asked about the accident. By working together, you can help the lawyer get all the answers from the kid.
If you were with the kid when the accident happened, you could provide the details needed for the claim to be filed. If you weren’t at the scene of the accident, you have to run further investigations to provide all the required information.
What if you discover that the child was the one at fault during the accident? In as much as it is a rare occurrence, it happens. In such an instance, the parent or guardian is held accountable for the injuries and losses. This is where the negligence theory is floated, whereby the parent was careless enough to allow the child to make the mistake that led to the accident.
Decide on a Settlement
Once you prove who was responsible for the accident, an agreement has to be reached. If the child is liable and doesn’t have insurance yet, you are responsible for paying the settlement. If the other party is found to be responsible, then they have to pay for the damages.
The parent can receive the settlement on behalf of the child, or the money can be placed in trust till the kid turns 18.
To get more details about personal injury claim contact our Atlanta personal injury attorney
Working With Local Car Accident Lawyers
To avoid making mistakes that can cost the personal injury claim, work with lawyers that have necessary experience handling similar cases. Call us today to understand your options.
In search of a skilled car accident attorney in Atlanta? If you've suffered injuries from a recent accident, our dedicated legal team in Atlanta is ready to assist you in obtaining the compensation necessary for your recovery. We operate on a contingency fee basis, meaning you only pay us if we achieve a successful outcome for your case. This approach allows you to pursue justice without the stress of upfront legal costs. For more details, click here: https://www.thewilsonpc.com/areas-we-serve/atlanta-ga/car-accident-lawyer/