What Happens If A Child Is Injured In A Car Accident

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When a child is injured in a car accident, the legal landscape shifts significantly. California law recognizes the unique vulnerabilities of children and provides heightened protections for them. It’s crucial to understand that children are generally unable to pursue a claim directly, and the process is handled through a parent or legal guardian acting as their “next friend.” This means the parent initiates the lawsuit on behalf of the child, representing their interests and seeking compensation for all damages.

One of the biggest differences is the statute of limitations. While the standard two-year rule applies for most personal injury cases, it’s calculated differently for minors. The clock doesn’t start running until the child turns 18, providing a longer window to pursue legal action. However, there are exceptions, and a delay can jeopardize the claim. It is critical to consult with legal counsel promptly to protect your child’s rights.

As a personal injury attorney practicing in San Diego for over 13 years, I’ve seen firsthand how insurance companies attempt to devalue claims involving children. They often try to argue the injuries are not as severe as they appear, or that the child’s pre-existing conditions contributed to the harm. Having been trained by a former insurance defense attorney, I possess intimate knowledge of these tactics and can effectively combat them to ensure your child receives the maximum compensation possible.

What types of damages can be recovered in a car accident case involving a child?

The types of damages recoverable in a car accident case involving a child extend beyond just medical expenses. While immediate medical bills are a primary component, it’s essential to consider the long-term implications of the injury. This includes future medical care, rehabilitation costs, and potential long-term disabilities. We also pursue compensation for pain and suffering, emotional distress, and loss of enjoyment of life—recognizing the profound impact the injury has on the child’s development and well-being.

Furthermore, parents can often recover for the loss of consortium—the loss of the child’s companionship, guidance, and affection. Lost wages are also recoverable if a parent had to take time off work to care for the injured child. Importantly, we meticulously document all expenses and losses to build a strong case and present a comprehensive claim to the insurance company.

What if the child was a passenger in our own vehicle?

Even if your child was a passenger in your own vehicle during the accident, you can still pursue a claim against the at-fault driver. Your own insurance policy’s uninsured motorist coverage might come into play if the at-fault driver is uninsured or underinsured. In these situations, it’s critical to understand the complexities of your own policy and the potential coverage limits. We thoroughly investigate all available avenues of recovery to ensure your child is fully compensated.

It’s important to note that California’s ‘pure’ comparative fault rules apply. If you, the driver, were partially at fault for the accident, your recovery will be reduced by your percentage of responsibility. Insurance adjusters will aggressively attempt to assign fault, so it’s crucial to have experienced legal representation to protect your interests. Civ. Code § 1714 outlines the principles of comparative fault in California.

How does the insurance company evaluate a claim involving a child’s injuries?

Insurance companies approach claims involving children with a heightened level of scrutiny, often looking for ways to minimize their payout. They frequently request medical records and may attempt to schedule an Independent Medical Examination (IME). While they call them ‘Independent,’ these doctors are hired by the insurance company and their primary goal is to challenge the extent of your child’s injuries.

We diligently prepare for these examinations, ensuring your child is properly evaluated and that the IME doctor has all relevant medical information. They also often require recorded statements to insurers. We advise our clients to avoid giving recorded statements without legal counsel present. CCP § 2032.220 details the process of IMEs in California.

What is the role of a Government Entity in a car accident claim involving a child?

If the accident involved a vehicle owned or operated by a government entity—like a San Diego City bus or a school bus—the claim process is different. You must file a formal administrative claim with the government entity within six months (180 days) of the accident, and this claim must be very detailed and comprehensive. If the claim is denied, which is common, you then have a limited time to file a lawsuit. Missing this deadline can completely bar your claim.

Navigating these government claim processes can be complex. It’s critical to have legal representation familiar with the specific procedures and deadlines to protect your child’s rights. Civil Code § 3333.4 details the role of government entities in a car accident claim involving a child.

What if the at-fault driver was uninsured?

If the at-fault driver was uninsured, your child’s recovery options become more limited. Your own uninsured motorist (UM) coverage becomes the primary source of compensation. However, UM claims can be complex, and insurance companies often try to undervalue these claims. We meticulously investigate all available coverage and pursue all possible avenues of recovery to ensure your child is fully compensated.

It is important to understand your policy limits and potential subrogation rights. We will handle all negotiations with the insurance company and ensure your child’s rights are protected throughout the entire process. Civil Code § 3333.4 details the role of uninsured motorist coverage.