Child Injured in a Car Accident? How a Lawyer Can Help

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Child Injured in a Car Accident? How a Lawyer Can Help

When a child is hurt in a car accident, parents are forced to think about the future far sooner than they should have to. You are not only dealing with emergency care and unanswered medical questions. You are trying to understand how injuries from the collision could affect your child’s growth, learning, and long-term independence.

When a child is involved in a car accident in Newport Beach, the consequences can be profound and permanent. If your child has suffered an injury in a motor vehicle accident, contact Bentley & More LLP. Our trusted car accident attorneys in Newport Beach, CA, offer free consultations to discuss next steps. Don’t delay, we can help you through the legal challenges, ensuring you pursue the compensation you deserve.

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Key Takeaways for Parents After a Child Is Hurt in a Car Accident

• Children suffer car accident injuries differently because their bodies and brains are still developing, and therefore, are more vulnerable to injury
• Some children’s accident-related injuries do not reveal their full impact until years after the crash
• California law allows parents to pursue compensation on behalf of an injured child
• These cases often require long-term medical and financial projections, as children injured in car accidents sometimes suffer years-long trauma
• Parents may also have their own legal claims, and our attorneys skillfully balance claims involving both injured children and adults
• Do not wait to call Bentley & More LLP today for your free consultation about a car accident claim involving an injured child in Newport Beach

Why Children Are at a Uniquely Great Risk During Car Accidents in Newport Beach

Children are more vulnerable in car accidents for several reasons that have nothing to do with parenting decisions. Even when the child is secured properly with their safety as the priority, the forces involved in a collision can be catastrophic to a child’s developing body.

More than 106,000 children (12 and younger) suffered an injury in motor vehicle accidents in the United States in a recent year. The scope of this issue is daunting, but you can do your part by ensuring your child gets the medical care, mental health services, and other resources they need.

Some of the key risk factors that can contribute to injuries to children during auto accidents are:

• Vehicle safety systems are designed primarily for adult bodies
• Seating positions closer to impact zones in side-impact crashes
• Smaller bodies that absorb crash forces differently
• Less developed neck and core muscles

One study notes that children’s “skeletons are considerably different from those of adults,” but vehicle features, from seats to seatbelts and airbags, are generally designed with adults in mind.

Combine inadequate vehicle features with children’s biological fragility, and car accidents are a recipe for disaster for child passengers. An accident that an adult might walk away from without injury can have devastating, lifelong ramifications for a child.

Common Car Accident Injuries in Children

Car accidents involving children often result in injuries that require long-term care and monitoring, not just one-time treatment. Some of the most common injuries our Newport Beach car accident lawyers see in child car accident victims are:

• Traumatic brain injuries, including concussions
• Neck and spinal injuries, which might cause chronic pain, paralysis, and other devastating symptoms
• Internal injuries that may or may not produce acute symptoms
• Fractures
• Facial injuries or scarring that alter the child’s self-image

Any single one of these injuries can cause a child acute distress and even change the course of their life. Sometimes, children suffer multiple injuries, in which case they may endure immense trauma that they never forget.

Then There Is the Most Tragic Outcome of a Car Accident: A Child’s Wrongful Death

Child deaths resulting from traffic accidents have primarily declined over time, but far too many children lose their lives in California each year due to accident-related injuries.

If your child passed away in such circumstances, we first offer our condolences. We now would like to hear from you about your child and the toll their loss has taken on you. Our team will explain how we help grieving parents and those affected by non-fatal children’s injuries in the aftermath of car accidents in Newport Beach.

Emotional and Psychological Effects of Car Accidents on Children

The emotional impact of a car accident on a child is often underestimated. Children may be unable to explain what they are feeling, but parents often notice changes.

Common signs include:

• Fear of riding in cars or crossing streets
• Sleep disturbances or nightmares
• Behavioral changes or increased irritability
• Difficulty concentrating at school
• Regression in independence or confidence

Under California law, psychological injuries are real injuries. A strong claim accounts for therapy, counseling, and long-term emotional support when appropriate.

Children’s Injuries and Trauma Can Be More Difficult to Diagnose and Treat Than Adults’ Injuries, That’s Where Our Attorneys Can Help

Any parent can tell you that diagnosing a child’s medical problem is rarely easy. The typical child simply doesn’t have the vocabulary, biological knowledge, patience, or life experience of the typical adult, and this makes them a particularly difficult patient to evaluate and treat.

Add in the hysteria that often arises when a child is in pain, and the chaos factor increases even further.

Our attorneys have compassion for children, and we have helped many child auto accident victims get the medical care they need. We also partner with medical providers and mental health professionals who are passionate about and capable of treating kids.

We will ensure your child gets a thorough, compassionate evaluation. We want them to find relief as soon as possible. At the same time, we will ensure their injuries and treatments are documented for use in any claims or lawsuits we lead on your family’s behalf.

What California Law Allows Parents to Recover for an Injured Child

Treating your child (and yourself) has to be the priority. We want anyone injured during a car accident to be on the path to recovery as soon as possible. Getting you and your child all the necessary treatment will also benefit our case, as it will provide clarity about your injuries, medical costs, and other accident-related damages.

When a child suffers an injury in a car accident, parents or legal guardians may pursue compensation on the child’s behalf, and their damages may include:

• Present and future medical expenses
• The child’s physical pain and discomfort
• The emotional and psychological distress the child suffers during the accident (and because of injuries and recurrent trauma)
• Permanent disability or disfigurement
• Loss of future earning capacity
• Lost quality of life
• The economic and non-economic toll of any disabling injuries or lasting trauma

Often, it’s necessary to project how a child’s medical, psychological, and emotional symptoms might affect them in the future. Our car accident lawyers are familiar with this process, and we work with qualified experts to ensure our projections are accurate.

Settlements involving children often require court approval to ensure the child’s interests are protected. One of our Newport Beach car accident attorneys will manage such legal considerations for you, as we want you focused on your own and your child’s recovery.

We Also Seek Compensation for Parents Injured in Newport Beach Car Accidents

In addition to the child’s claim, parents may also suffer their own financial losses as a result of a car accident. Parents may be entitled to compensation for:

• Medical expenses paid out of pocket
• Lost income (which can happen partly due to new caregiving responsibilities)
• Transportation, lodging, or accommodation costs related to their child’s treatment
• Their own accident-related pain and suffering
• The cost of repairing their damaged vehicle
• Any other economic and non-economic damages related to the accident, their own injuries, or their child’s injuries

A complete legal strategy accounts for both the child’s injuries and the parents’ losses without sacrificing either.

What Does a Car Accident Lawyer Do After a Child Is Injured in a Crash?

Cases involving injured children require a unique approach from an attorney. In many instances, these cases require more preparation and more effort from the attorney, especially when a child might suffer injury symptoms or trauma well into the future.

Our Newport Beach car accident attorneys advocate for children injured in car accidents by:

• Preserving evidence early after the collision
• Coordinating care with pediatric healthcare specialists
• Working with experts to project the child’s future needs and damages
• Documenting the child’s damages in as much detail as possible
• Calculating the present and future financial value of the child’s damages
• Resisting insurers’ pressure to settle early (these offers often fail to reflect the long-term harm a child accident victim may suffer)

At Bentley & More LLP, we focus on challenging cases where preparation and experience make a real difference. We also keep parents updated throughout these cases, and we often represent those parents while advocating for their child’s interests.

Car accident cases involving child victims tend to be family cases, and our attorneys employ an approach suited specifically to families who are facing extraordinarily challenging circumstances.

Our Attorneys Represent Child With Intentional Compassion

Parents of injured children want more than a skilled attorney. When a child has been traumatized by a car accident and is now dealing with significant injury, the process of seeking fair compensation must not expose that child to further distress.

Our clients know their children are being treated with care, compassion, respect, and patience. The medical and mental health providers we work with employ the same intentional, empathetic approach, and we all have an authentic passion for helping children in their times of need.

Frequently Asked Questions by Newport Beach Parents Whose Child Has Been Injured in a Car Accident

Our lawyers serve many roles, and answering accident victims’ questions is one of our most important. Here are a few questions we hear frequently from those whose child (or children) has suffered an injury in a car accident:

Will my child have to testify in court?

In many cases, children do not testify. Lawyers often rely on medical records and expert testimony rather than having the child testify. For that matter, most car accident cases don’t go to court, so the odds are that your child won’t have to testify.

How long do child car accident cases usually take?

These cases can take longer than those involving adult victims, partly because we need to understand what the long-term effects of injury and trauma will be. It can take time to find such clarity.

What if my child’s symptoms appear months after the accident?

Delayed symptoms are common. Children do not always understand or vocalize injury symptoms right away, and our medical providers will provide consistent, comprehensive care that ensures all of your child’s injuries come to light.

Call Today for Your Free Consultation with a Newport Beach Child Injury Car Accident Attorney

If your child suffered an injury in a car accident in Newport Beach or elsewhere in Orange County, don’t wait to ask for help. A personal injury lawyer in Newport Beach, CA understands how uniquely challenging these cases can be and will take a long-term view when seeking justice for your child, yourself, and your family.

There are deadlines for filing personal injury lawsuits in California. We also need to secure evidence and document your child’s injuries as soon as possible, so we ask you not to wait.

Reach out to Bentley & More LLP. Let’s complete your free consultation so you can decide whether to engage our firm. We require no upfront or out-of-pocket fees or costs from clients, so there’s no risk in hiring us.

Schedule a Free Consultation