As a parent, it is difficult to see your child in pain, especially when there is little you can do to help. Though toddler seats, booster chairs, and other safety resources for children have helped minimize the frequency of serious injuries in automobile crashes, a child injured in a car accident is still a tragic reality we face daily.
The National Center for Injury Prevention and Control revealed that the deaths of children under the age of 13 in automobile wrecks have declined since 1975. Unfortunately, child deaths still account for one out of every four accidental deaths.
What to Do if Your Child Is Hurt in a Car Crash
If you and/or your child are involved in a North Carolina automobile wreck, first and foremost, check for injuries. Then, seek prompt medical attention for your child and yourself.
Sometimes, adults can have a difficult time helping children address their injuries. Kids might not be able to convey where they sustained injuries, making it hard to determine if the child has recovered or received the proper care for their injuries.
Even if emergency room staff clears your child, you should still make an appointment with your child’s pediatrician. This doctor will have a record of your child’s medical history and can compare their current and pre-accident conditions.
Personal Injury Claims for Children
When a child is injured in a North Carolina car accident, two claims are created: a parent’s claim for medical expenses until age 18 and a child’s claim for any expenses beyond the age of 18 along with their general damages (such as pain and suffering, permanent injury and permanent scarring).
Insurance companies may pay small claims without court approval, but any significant case involving injured children requires court approval. The court will appoint a Guardian ad Litem (GAL) in more significant cases. The GAL is an individual who makes sure any settlement is in the child’s best interest.
The Court wants to know that the settlement is in the child’s best interests. Having a second lawyer review the case is one way to help protect the child’s best interests.
The child’s settlement funds are usually not accessible until age 18. There are two primary choices regarding the funds. The first choice is to deposit the funds with the Clerk of Court. The child can withdraw the funds at the age of 18. The second choice is to arrange for a “structured settlement.” This involves purchasing a right to guaranteed payment from a life insurance company.
Car Accident Claims
There are two types of insurance claims: first-party claims and third-party claims. While a first-party claim is one you file with your own insurance company, a third-party claim is one you file with the insurance provider of another person or business. All motorists in North Carolina must have insurance to pay benefits to a person or child who negligently caused injury.
If your child has been hit by a car while crossing the street or was involved in an accident while a passenger in a vehicle, you or your attorney should file a third-party claim with the at-fault driver’s auto insurance provider. If that insurance is insufficient to cover all damages, your child may be able to present a first-party Underinsured Motorist (UM) claim against your auto insurance policy. Similarly, if the accident involves an uninsured or hit-and-run driver, your attorney can file a first-party claim on their behalf against your UM coverage.
A skilled attorney can help obtain all the evidence you need to prove liability in a car accident claim. Your lawyer will ensure all the accident reports are received in the case and will often speak with the investigating police officers and witnesses.
Representation for Children Injured in Car Accidents
Maginnis Howard handles North Carolina child personal injury cases on a contingency fee basis. That means you don’t pay unless we reach a settlement or obtain a verdict or settlement in your case. Our experienced personal injury attorneys represent clients across the Carolinas from our Charlotte, Raleigh, and Fayetteville offices. Our legal staff has decades of experience fighting for the best outcomes for our clients.
