Navigating Legal Challenges When Children Are Involved in Car Accidents
Car accidents are already stressful, but when children are involved, the stakes are even higher. Parents and guardians naturally want to protect their children, a feeling that extends to protecting their legal rights after a collision. Knowing what to do after an accident and understanding the legal aspects that affect children is important.
If your children have been injured in a car accident, the team at Peake & Fowler is here to help you. Call us at 803-788-4370 to set up a time to meet with our team.
What You Need to Know
When a child is involved in a collision, there are several key factors to consider. Legally, children have unique rights and protections that differ from those of adults. They cannot represent themselves in legal matters, so a parent or guardian must act on their behalf. Children also have a longer statute of limitations when injured in a crash—but you shouldn’t count on that. Instead, talking to a South Carolina car accident attorney now can help you fight for the compensation they deserve while the evidence is still readily available.
Immediate Actions Post-Accident
After a car accident involving a child, prioritize ensuring everyone’s safety. Call emergency services immediately, even if injuries aren’t visible. Make sure to move to a safe location if possible. Exchange contact and insurance details with other parties involved. Document the scene by taking photos of the vehicles, the surroundings, and any visible injuries. This evidence can be crucial later. Also, get medical attention for everyone, even if they appear unharmed at first. Injuries may not be immediately noticeable, and having medical records will be important for any potential legal actions. If there are witnesses, get their contact information as well.
Legal Considerations for Children
Any legal claims, settlements, or court actions for a child must go through an adult who represents the child’s best interests. If a settlement is above $25,000, the court steps in to determine whether or not the settlement is in the child’s best interest. Even if the settlement is smaller than that, the court may appoint a conservator to ensure that the child’s interests are being represented. The court knows that parents may not do what is best for their child, either because they don’t want to or because they don’t know how to. This process protects children involved in accidents.
Long-Term Implications
Car accidents can have lasting negative effects on a child’s life. Physical injuries may result in the need for long-term medical care, such as physical therapy or surgeries. Emotional trauma is another significant concern. Children might develop fears or anxiety related to the accident. It’s important to monitor their mental and emotional health over time and seek professional help as early as possible, as this can help negate the trauma of the accident.
Legal settlements should consider future expenses, including ongoing medical costs and therapy. Parents should keep thorough records of medical treatments and any changes in their child’s behavior or health.
Providing Emotional Support
After a car accident, your child might feel scared or anxious. It’s important to be there for them emotionally as they process what happened.
Creating a safe space for your child to express their feelings is crucial. Encourage them to talk about their thoughts and emotions, but don’t push if they’re not ready. Some children, particularly very young children, do not know how to talk about their feelings after something traumatizing. Instead, they may work through their trauma more easily via art or play.
Maintaining a routine can help provide a sense of normalcy and security for your child. Regular schedules for meals, school, and bedtime can be comforting during a chaotic time. Additionally, engaging in fun and relaxing activities together can help take their mind off the accident and provide a distraction.
While not all children need mental health treatment after an accident, many do—and treatment certainly won’t hurt. Consider meeting with a certified art or play therapist who can work with children who have experienced trauma.
Take the First Step with Peake & Fowler
We’re here to help you fight for fair and full compensation on your child’s behalf. Claim your free consultation now by contacting us online or calling 803-788-4370.
