Car accidents can be devastating, especially when children are involved. That’s because these incidents bring unique challenges that require careful emotional and legal considerations. Since these complexities can be overwhelming, you should understand the legalities of handling child car accident claims.
Here’s a look at the complications that could happen when kids are involved in car accidents.
Representing a Child
One of the biggest hurdles is that injured children are unable to represent themselves legally. Unlike adults, they cannot fully understand the legal process or communicate the accident details effectively. A legal guardian, typically a parent or family member, must be present to make decisions in their best interest. This can be a burden, especially when dealing with medical bills, insurance adjusters, and potential litigation.
The guardian must prioritize the child’s needs while considering the long-term consequences of injuries. The long-term effects of injuries can be difficult to predict, especially for younger adults whose bodies are still developing. This can make it challenging to determine the full scope of damages and reach a fair settlement.
Factors Influencing Settlements
Reaching a fair settlement in a younger adult’s injury case in Missouri involves more than just the medical bills. Here are some key factors that come into play:
- The Severity of Injuries: The extent and permanence of your kid’s injuries significantly impact settlement value. Serious injuries requiring ongoing medical care, therapy, or adaptive equipment will naturally lead to a higher settlement amount.
- The Age: Younger children’s injuries are often difficult to quantify because the full extent of their long-term needs may not be immediately apparent. An experienced attorney will consider potential future medical needs and lost opportunities.
- Emotional Trauma: Car accidents can be deeply traumatizing for younger adults. Mental health treatment and emotional distress can be factors in the settlement.
- Shared Fault: Missouri operates under a comparative negligence system. If the child’s actions are deemed to have contributed to the accident, their compensation can be reduced. However, the law recognizes the different capabilities of younger adults, meaning a minor’s actions will be judged based on their age and maturity level.
Beyond Legal Counsel
While securing fair compensation is crucial, your child’s well-being remains the top priority. It’s important to immediately seek medical attention following a car accident, regardless of how minor the injuries may seem. Documenting all medical care received is essential for building a strong case.
You should also consider the emotional trauma that a kid experiences after a car accident. Talk openly with your child about the accident and their feelings. This can help them cope with the traumatic event and improve their overall recovery process. You can also consult with a therapist experienced in helping them cope with trauma.
If your child is involved in a car accident, you will need expert legal care to get through the stressful and emotionally charged experience. The legal team at Craig J. Concannon, P.C. can help you try to get the justice and fair compensation your child deserves. Call us at (314) 421-3329 or fill out this form today for a free consultation!