Are Car Accident Cases Different If Children are Involved?

Are Car Accident Cases Different If Children are Involved?

No matter the extent of an injury, the last thing you want is your child to be involved in an accident. Adults are more likely to be involved in car accidents than children, but, unfortunately, children are in accidents all the time.

If a child is involved in a car wreck, know that they have the same rights as an adult person, and you are entitled to seek compensation for their injuries. However, a claim like this requires parent involvement and it is strongly recommended that you work with an attorney to ensure the claim is handled correctly.

Understanding Children's Right to Compensation

The means by which you obtain compensation for a child involved in a car accident varies from state to state. However, the right to compensation for a child’s injuries falls under the same categories of damages as a personal injury claim filed by an adult.

It can cover medical expenses, past and future, loss of ability to earn income in the future, emotional distress, and pain and suffering. A parent or legal guardian can also receive compensation for any financial losses for their child's injury.

It is essential to remember that even though a child can get compensation for injuries in a car accident, they cannot pursue a claim on their own behalf. In Oklahoma, however, the law provides that a child has until one year after they reach the age of majority to pursue a claim. Because a parent is legally responsible for the child’s medical expenses, this claim must be pursued by the parent and there is a two-year statute of limitation.

In some states, a parent will have to get approval from a judge before the claim can be settled. This process is usually straightforward and keeps the child's best interest considered above all things. If a judge does not think that the child's best interests are being served, they can refuse to sign off on the settlement even if both sides have agreed to it.

Auto accident involving two cars on a city street

Why Choose Graves McLain?

Why Choose Graves McLain?

If you or your child were injured in a car wreck that was not your fault, it can be hard to determine which steps to take next. Call Graves McLain right away or contact us. When an injured driver calls one of our attorneys, we will speak with them for FREE and determine the best course of action. A client will never pay an attorney's fee upfront. At Graves McLain, we do not get paid until our client gets paid.