When A Child Is The Victim Of A Careless Driver

16 August 2023
 Categories: Law, Blog

If your minor child is injured in a car accident due to the negligence of a careless driver, you may be entitled to various types of damages. The specific damages that are owed will depend on the circumstances of the accident, the severity of your child's injuries, and the laws of your jurisdiction. Here are some common types of damages that could be pursued in such cases:

  1. Medical Expenses: You can seek compensation for the medical costs associated with your child's injuries, including emergency treatment, hospitalization, surgery, doctor visits, prescription medications, rehabilitation, therapy, and ongoing medical care.
  2. Pain and Suffering: This includes physical pain, emotional distress, and psychological trauma that your child experienced due to the accident and their injuries.
  3. Lost Enjoyment of Life: If your child's injuries have significantly impacted their ability to participate in normal activities, hobbies, or social interactions, you may be able to seek damages for the loss of enjoyment of life.
  4. Disfigurement and Permanent Disability: If the accident resulted in scarring, disfigurement, or a permanent disability that affects your child's appearance or quality of life, you might be entitled to compensation for these losses.
  5. Loss of Earning Potential: If your child's injuries are severe enough to affect their future earning capacity, you could seek damages for the potential income they might have earned had the accident not occurred.
  6. Property Damage: This includes the cost of repairing or replacing your child's personal belongings, such as clothing, electronic devices, or other items that were damaged in the accident.
  7. Out-of-Pocket Expenses: Any additional expenses related to the accident, such as transportation costs to medical appointments or home modifications to accommodate your child's injuries, might be recoverable.
  8. Parental Loss of Consortium: In some jurisdictions, parents might be able to seek damages for the loss of companionship, support, and the ability to enjoy a normal parent-child relationship with their injured child.

It's important to note that if your child is a minor, you as the parent or legal guardian will typically be the one pursuing the damages on their behalf. The laws regarding personal injury claims involving minors can be complex, and there might be specific procedures you need to follow, such as court approval of settlements.

To navigate these legal matters and ensure you're pursuing the appropriate damages, it's recommended that you consult with an experienced personal injury attorney who specializes in cases involving minors. They can help you understand your rights, evaluate the potential value of your claim, and guide you through the legal process to seek fair compensation for your child's injuries and losses. 

Contact a personal injury attorney to learn more.