What to Do When Your Child Is Injured in an Indiana Car Accident?

The moment you heard the screech of tires, your world stopped. Seeing your injured child can cause fear and uncertainty that overwhelms you. However, you and your family do not have to go through this alone. Stracci Law Firm has helped Northwest Indiana families for many years, building a reputation for compassionate and results-driven legal representation.

In Indiana, children are injured all the time in car accidents. These accidents can cause anything from minor scrapes and bruises to life-altering injuries that can have lasting effects. You need a dedicated car accident attorney. Our legal team is your child’s advocate in recovery. We handle the complexities of child injury claims, ensuring your child receives the compensation they deserve.

Don’t try to handle your child’s complex injury claim alone. Contact Stracci Law Group today for a free consultation, or call 219-525-1000.

Immediate Actions After Car Accident: Protecting Your Child

The moments immediately after your child is involved in a car accident are critical. Your instincts will likely be to rush to your child’s side. While your concern is completely understandable, remember that acting quickly and methodically is key to ensuring your child's immediate well-being and the strength of any future legal claim.

Prioritize Your Child's Safety

First, assess your child’s condition. Are they conscious? Breathing? Bleeding? Administer only necessary first aid if you are trained and comfortable doing so. If your child appears seriously injured, avoid unnecessary movement and wait for emergency personnel.

Call 911 for emergency medical assistance; provide the dispatcher with the location, the number of injured parties, and a description of any visible injuries.

Document the Scene

After emergency services arrive, and if it is safe to do so, begin thoroughly documenting the accident scene. Take multiple high-quality photos and videos. Capture images of the damaged vehicles from various angles, clearly showing impact points and license plates. Document the surrounding area, including street signs, traffic signals, and road conditions.

Gather Information

Obtain complete contact and insurance information from all parties involved, including other drivers, passengers, and witnesses. This includes full names, addresses, phone numbers, email addresses, driver’s license numbers, and insurance company and policy details.

Avoid detailed conversations about what happened until you’ve spoken with our lawyers. Your attorney can help protect your rights during the claims process.

Seek Immediate Medical Attention

Take your child to the nearest emergency room immediately, regardless of whether the injuries seem minor. Some injuries, like concussions, may not be immediately apparent.

Document everything: hospital records, doctor’s notes, prescriptions, medical test results, and all other medical bills and receipts. This comprehensive documentation is critical for establishing a strong legal case and receiving fair compensation for your child’s injuries.

Understanding Your Child's Legal Rights After Car Accident in Indiana

Navigating the legal system after a child's car accident can be incredibly complex and overwhelming. Insurance companies often employ tactics designed to minimize payouts, and the legal landscape is intricate. This is why securing the guidance of an experienced personal attorney is crucial to protecting your child's rights and securing fair compensation.

Determining liability in a child's car accident can extend beyond the other driver. In Indiana, the principle of "fault" determines who is responsible for paying damages. However, depending on the specifics of the accident, several parties may be held liable:

• The other driver: This is the most common scenario, but proving fault requires a thorough investigation of the accident circumstances.
• Vehicle manufacturers: If a defect in the vehicle contributed to the accident, the manufacturer could be partially or fully responsible.
• Parts suppliers: Similarly, faulty parts from a supplier may be a factor in the liability determination.
• Government entities: In cases where poor road conditions or inadequate traffic controls contributed to the accident, the relevant governmental body might bear some responsibility.

Child Compensation for a Car Accident

After a car accident, the process of obtaining fair compensation for your child's injuries can be complex and challenging. Understanding the steps involved and the factors that influence the outcome is crucial. Having a skilled attorney by your side during this process will make a significant difference.

Several factors significantly influence the value of your child's settlement:

• Severity of injuries: The more severe your child's injuries, the higher the potential compensation. This includes both immediate and long-term consequences.
• Long-term impact: Serious injuries can lead to lifelong medical care, rehabilitation, and other expenses. These future costs must be considered.
• Medical expenses: Comprehensive documentation of all medical bills, therapy costs, and other related expenses is crucial in determining a child's car accident settlement.
• Lost wages for parents: Parents often incur lost wages due to time off work for medical appointments, therapy, and caring for their children. These losses are compensable.
• Pain and suffering: This encompasses the physical and emotional pain your child experiences as a result of the accident. A lawyer can help accurately assess these damages.
• Future lost earnings: Depending on the severity of the injuries, your child may suffer reduced future earning capacity. An expert witness can help calculate this loss.

What Is the Deadline to File a Car Accident Claim for a Child Injury?

In Indiana, there is a legal timeframe for filing a personal injury lawsuit stemming from a car accident, including those involving children. This time frame is called the statute of limitations (SOL). For adults, the SOL is generally two years from the date of the accident. But for minor children who were hurt in a car accident, the SOL time limit is 2 years after your child’s 18th birthday.

However, you shouldn’t wait that long to contact one of our experienced lawyers. If you wait years to pursue a claim for your child, evidence of negligence might not be available because witness memories may fade, and documentation may be lost. Therefore, seeking legal counsel as soon as possible after the accident is essential.

The two-year limitation period is a crucial factor that dictates how long you have to pursue legal action to obtain compensation for your child's medical expenses, lost wages, pain and suffering for a child in a car accident, and any other relevant damages. It's important to remember that this period is inflexible; if the lawsuit is not filed within two years after your child’s 18th birthday, you may lose your right to seek legal recourse for your child’s injuries. This is particularly true given the complexities of dealing with insurance companies, which often employ tactics to undervalue or delay the claims process.

Stracci Law Firm is familiar with the various strategies used by insurance companies and will work efficiently to gather all necessary documentation and fight for your child’s full compensation. As past client Jen said, “Paul Stracci and his team are not only aggressive and insanely knowledgeable, but they also make you feel at ease during a stressful situation”.

What Happens If a Settlement Cannot Be Reached?

If negotiations with the insurance company fail to produce a fair settlement, your attorney may recommend filing a lawsuit and pursuing your claim through trial. While this option involves more time and effort, it allows a judge or jury to determine the appropriate compensation after considering all the evidence. While going to trial is possible, your lawyer will work to achieve a fair settlement before taking this step. They will discuss all your options throughout the process.

Types of Damages in Child Car Accident Cases

The financial and emotional costs of a child's car accident can be substantial and long-lasting. Unlike adult injury claims, a child's case includes unique considerations:

• Medical expenses: This includes current and future medical bills, physical therapy, rehabilitation, and any necessary medical equipment or assistive devices. The costs can be significant, especially in cases of serious injury or long-term disabilities.
• Lost wages for parents: Parents often miss work to care for their injured child, resulting in lost income.
• Pain and suffering: Children may experience physical pain, emotional trauma, and psychological distress — often more acutely than adults can articulate. This necessitates expert evaluation to ascertain the extent of these damages.
• Future medical care: Serious injuries may require ongoing medical treatment and rehabilitation throughout the child's life, resulting in substantial future medical expenses.
• Long-term care: Depending on the severity of the injuries, your child may require long-term care, possibly including specialized facilities or at-home support.
• Loss of educational opportunities: Serious injuries can disrupt a child's education, leading to loss of future earning potential.
• Loss of enjoyment of life: This encompasses the child’s inability to participate in activities they once enjoyed due to their injuries.

Stracci Law Group — Your Child’s Dedicated Personal Injury Lawyers

The aftermath of a child's car accident is undeniably overwhelming. The emotional toll is immense, and the financial burden can feel insurmountable. Taking action now is crucial, not just for your child's immediate well-being but also to secure their future. Stracci Law empowers you to navigate this challenging journey with confidence and strength. We're dedicated to fighting for the maximum compensation your child deserves, handling every detail so you can focus on their recovery. Don't wait. Contact us today for a free consultation.