When a child suffers an injury by the negligent actions of another person,
special rules govern those types of
personal injury claims and lawsuits.
What the Parent Must Do After a Child is Hurt in a Car Accident
If your child sustained injuries after a
car accident, you must take them to ER to obtain immediate medical treatment. Upon
their release from the hospital, the child’s regular pediatrician
should be visited to examine him or him, since the pediatrician understands
the child’s medical history.
Taking your child to the pediatrician is not only for the benefit of the
child’s health, but also to start the injury claims process. The
examination conducted by the pediatrician will provide an informed assessment
of the child’s injuries from the car accident, compared to his or
her pre-accident condition. It is also important to schedule regular follow-up
visits, documenting the child’s recovery process from the injury
and demonstrating the extent of the child’s injury.
Key Elements in a Child’s Personal Injury Claim
There are two claims for compensation after a child has suffered an injury.
The first claim is for the child’s own damages, such as “non-economic”
and “economic” damages. Non-economic damages include pain
and suffering, while economic damages refer to the child’s future
earning potentials, such as reduced ability to earn a live or physical
The second claim involves the parents’ expenses related to the child’s
injury, such as medical costs, paid by the parents on behalf of the child
between the date of the accident and the child’s 18th birthday. In Virginia, a personal injury needs to be filed within two
years of the date of the accident.
Obtaining the Child’s Settlement
When the insurance claim is paid for a child’s injury, a judge must
approve the payment to ensure that both the claim is paid in a proper
amount in relation to the injuries suffered by the child and that it is
in the best interest of the child. Furthermore, the parents must understand
that the child’s settlement belongs to him or her – not the
parents. The judge can enter orders which make it mandatory for the parents
to keep the child’s money in a safe or insured bank account until
the child reaches an age where it can reasonably be paid to him or her.
If your child suffered injuries in a car accident in Richmond, VA,
contact Halperin Law Center and schedule a
free consultation today.