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Keith Lapeze • Oct 31, 2021

Car Accidents Involving Children: What You Need to Know

For parents, there’s nothing worse than seeing your child in pain. That experience can be made even worse if you are unable to access the support you need.

When a child is injured in an auto accident, their parent or guardian is responsible for getting them the compensation they need to recover. Unfortunately, many parents aren’t aware of all of the rights their child has.

Below, you can read about some of the special circumstances seen in car accident cases involving children. If your child was injured in an auto accident, we recommend asking a Houston car accident attorney for advice before moving forward.

Special Rules for Child Auto Accident Cases

In order to protect the rights of children, the court has put in place certain rules that don’t apply to settlements involving adults. The court assumes that children cannot make the same sorts of responsible decisions as an adult, and thus should not be treated in the same way.

Below, you can find a few of the ways these cases differ:

    • Judge Rejection — even if both parties agree to a settlement, a judge may intervene if they feel the child is not being treated fairly.
    • Statute of Limitations — minors have two extensions that apply to injury claims: the first comes 2 years after they turn 18, and the second comes two years after damage from the injury was discovered.
    • Children Can’t File — unlike adults, children can’t file claims on their own behalf and instead will either have their guardian file for them or wait till they’re old enough to file for themselves.
    • Common and Delayed Damages — injuries like psychological trauma and expenses like counseling are very common after child-auto accidents, and some injuries may not show signs until the bones begin to grow years later.

Cases involving children can be difficult because guardians may simply lack the knowledge needed to file a successful claim. Hiring an attorney can help ensure that the process is fair to all.

Protecting Children From the Legal Process

The representation you seek after a car accident involving a child is essential. In order to get the compensation your family needs , your child may have to give a testimony regarding what happened during the accident. This can be upsetting for children, but a calming and compassionate attorney can make a big difference.

It’s important that you or someone your child trusts stays with them during any questioning in order to lend additional support. After a case is completed, you may find that your child has lingering phobias or mental health issues that need to be addressed by a counselor. A competent attorney will ensure that any costs of this kind are covered in your insurance pay-out or settlement.

Seeking Compensation for Your Child’s Injuries With Lapeze & Johns

After a child is injured in a car accident , the only place most parents want to be is by their child’s side. Unfortunately, the confusing process of seeking relief can make it harder for families to give injured children the support they need.

If your child was injured in a Texas car accident, a compassionate Houston car crash attorney can help you seek financial relief without further harming your family. Reach out to the Houston auto accident attorneys at Lapeze & Johns today for help protecting your child’s rights.

Get your child the support you need after they’ve been injured in an accident with help from the car crash attorneys at Lapeze & Johns.

 

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