The news about the child who was involved in an accident in Hattiesburg Mississippi has reportedly already received a settlement. Most settlements for children injured in accidents depend on several factors. Because the outcomes in these cases vary so widely, it is difficult to calculate an average. Typically, the value of the claim depends on the extent of the child’s injuries, the facts of the case, and other details. If you are considering filing a personal injury claim for your child involved in a car accident, then it is important for you to understand personal injury claims for minors and children in Hattiesburg Mississippi.
The Role of Fault and Liability in Car Accident Claims
Seeking fair compensation for a child who has been injured in a traffic collision is not always easy. Therefore, most parents choose to work with a personal injury law firm to make their claim process go smoothly and as expected. In this case, a lawyer usually manages the claim process and fights for justice based on the facts of the accident case. Also, a lawyer will seek a fair settlement from the at-fault driver.
If you are considering filing a personal injury claim, you can work with a personal injury law firm that can help you fight your case so that your child gets the fairest justice possible. A lawyer will be able to figure out what evidence is needed to prove fault, liability, and the value of your child’s case.
If the case is that you were behind the wheel when the accident occurred, then you should be able to show that another driver caused the accident. If you, the other parent of your child, or another driver in your immediate family caused the accident, then you will likely not be able to recover damages on behalf of your child.
In some cases, a mutual mistake will make it difficult for you to get financial recovery. And, joint faults will also limit the payments you can get for your child. How joint fault affects your chances of getting a settlement will depend on state law and case factors.
What Type of Compensation is My Child Entitled To?
If your child is involved in a car accident as a passenger, he or she essentially has the same legal rights as an adult involved in a car accident. The difference is that filing for compensation for your child involved in a car accident can only be done by you as the parent because your child has not reached the age of majority. In essence, your child cannot file a claim on their own. As for adults involved in an accident, they can file for compensation by themselves.
In a personal injury claim, you can claim compensation for your child for any injuries, such as pain and suffering felt by your child, as well as mental burdens experienced by the child. You can also claim compensation for your child’s medical bills. Of course, you as the plaintiff will need to provide case evidence such as medical records or other documentation, so that your personal injury claim is granted.
Am I Entitled To Compensation If I Spend Money On My Child’s Health Care?
As a parent of a child involved in an accident, you are entitled to compensation for the losses incurred. The money you spent on your child’s medical treatment, and the limited time you had to work due to caring for your child, are grounds for compensation. However, the compensation must be for the type of loss that resulted from the accident. If you can prove your case, you may be able to get reimbursed for your medical bills and lost wages due to the medical treatment of your injured child.
Common Injuries Experienced by Children in Car Accidents
According to a 2010 report from the National Highway Traffic Safety Administration (NHTSA), the most common injuries sustained by children under the age of eight in car accidents are head injuries, such as:
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- Bruises or abrasions
- Skull fractures
- Concussion
- Traumatic brain injury (TBI)
A hard blow to the head that affects the brain can cause temporary, long-term or permanent damage. A severe traumatic brain injury (TBI) can affect a child physically, emotionally, cognitively and socially.
Other injuries suffered by children in car accidents include:
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- Back and neck injuries
- Chest injuries
- Fractures, often of the ribs or legs
- Cuts, abrasions and bruises, usually from broken glass
What If My Child is Riding With Someone Else?
If your child is injured in an accident while in a vehicle driven by someone other than your family, then you can seek compensation through an insurance claim. Or you can also file a civil lawsuit regardless of fault. You can sue the driver who has caused the accident, regardless of whether the driver was riding with your child or another vehicle was involved in the accident.
Other Expenses that Affect Case Value
When your child is injured in a car accident, your child’s medical expenses are just one of the damages that can be recovered. There are other damages such as pain and suffering, future medical care needs, compensation for any long-term conditions your child may suffer, and more. There are often other miscellaneous costs as well. For example, if your child’s glasses or other property is broken in the collision or accident, then you can recover property damage. In addition, there may also be costs associated with building ramps or repairing your home due to new mobility issues or other medical needs. When you are establishing a fair settlement value for your claim, consider all associated costs.
Can a Lawyer Help You Get a Fair Settlement for My Child’s Injuries?
Yes, an experienced lawyer can help you get a fair settlement for your child’s injuries. In this case, a lawyer will handle insurance claims for parents whose children have been injured in accidents in order to get justice. Usually, the lawyers provide case reviews on a voluntary basis and work on an emergency basis. So, if you are fighting an insurance claim for your child who was injured in an accident, immediately seek the help of a lawyer to get a settlement. These companies usually take several actions to build support for the claim, including by assigning an appropriate settlement value to the case. Then, the lawyer files the claim and seeks fair and prudent payment from the at-fault driver. Lawsuits are necessary if they or their insurance company refuse to honor the claim.
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