(300+)Motor vehicle collisions are a leading cause of accidental injuries in children and teenagers. According to data from the Insurance Institute for Highway Safety (IIHS), more than 150,000 kids are hurt in car accidents each year. As a parent, you have the right to pursue justice and compensation on behalf of your child after a crash. At Gibbons Legal Car Accident & Personal Injury Lawyers Philadelphia, we have the specialized experience needed to take on child injury claims. Here, our Philadelphia car accident attorney provides a guide to child injury claims in Pennsylvania.
My Child was Injured in a Car Accident: What Steps are Next in the Legal Process?
Was your child hurt in a traffic collision in Philadelphia or elsewhere in Southeastern Pennsylvania? If so, you are likely feeling stressed out, overwhelmed, or even traumatized. A proactive approach is the best approach. Here are key steps to protect your child’s health, safety, and legal rights:
  1. Ensure Your Child Gets Immediate Medical Care: Car crash injuries should always be evaluated by a doctor. Emergency care comes first. Follow-up appointments matter just as much. Pediatric records should track symptoms, functional limits, and any changes over time. Your child must get the proper care and attention.
  2. Document the Scene of the Car Crash: Evidence matters for a car accident claim in Pennsylvania. To the best you are able to do as a parent, you should document the crash. Photographs of the vehicles, the roadway, and visible injuries help preserve conditions that will not last.
  3. Obtain a Copy of the Police Report: All injury crashes in Pennsylvania should be reported to the police. You need a copy of that police report. Along with other things, the report will likely identify drivers, insurers, and initial fault assessments.
  4. Notify Your Own Insurer: All relevant insurance companies must be aware that a crash has happened. Notably, prompt notice to your own insurer preserves benefits under Pennsylvania law, including medical coverage. You do not need to give a full statement. Instead, simply provide notice that a crash happened and your child was hurt.
  5. Consult a Philadelphia Personal Injury Attorney: Child injury claims carry procedural requirements that do not apply to adult cases. Early legal guidance helps protect the claim and avoid missteps. Your family does not have to take on the legal process alone. A top-rated Philadelphia auto accident lawyer can protect your rights and your interests.
What to Know About Seeking a Car Accident Settlement for a Child
As a general rule, a minor, such as a child car accident victim, generally cannot file a lawsuit independently in Pennsylvania. That does not mean that they are without legal rights. Quite the contrary, a parent or legal guardian must act on the child’s behalf. Under Commonwealth law, the role of the parent carries both authority and responsibility. Indeed, parents typically serve as the child’s representative in the claim. They also generally make decisions about treatment, the litigation strategy, and personal injury settlement negotiations. Any decisions made by a parent should be consistent with the best interests of the child.
A complicated issue in child car accident injury cases is that two claims often exist at the same time. The child holds a claim for personal injuries. That includes pain and suffering, future medical needs, and long-term impairment. Parents may hold a separate claim for medical expenses incurred during the child’s minority. Pennsylvania law allocates those damages differently. With that being said, the coordination between the two claims absolutely matters. Beyond that, Pennsylvania’s unique car accident liability laws, specifically limited tort elections, can further complicate recovery. If a parent selected limited tort coverage on the household policy, the child’s ability to recover non-economic damages may depend on whether the injuries qualify as a serious impairment of body function.
Child Victims (and their Families) Have the Right to Seek Compensation
Child compensation for a car accident is available. In that sense, a child injury claim for a car accident is not fundamentally different from any other type of personal injury case. With that being said, there are some very important differences. Indeed, the potential involvement of the court is what sets these cases apart. Any proposed settlement for a minor requires judicial approval under Pennsylvania law (231 Pa. Code Chapter 2020). Indeed, the process often proceeds through a petition for approval of a minor’s compromise. A judge reviews the facts, the medical records, and the proposed allocation of funds. The goal is straightforward. Protect the child.
In many cases, settlement funds do not simply pass to a parent. Courts commonly require that proceeds be placed into a restricted account, structured settlement, or trust. Withdrawals may require court permission until the child reaches the age of majority. It will always depend on the specific circumstances of the child’s injuries, his or her damages, and his or her future medical needs. An experienced Philadelphia child injury attorney can help.
Why Parents Trust the Philadelphia Car Crash Lawyers at Gibbons Legal
As a parent, a child’s car accident injury is extremely stressful. At Gibbons Legal Car Accident & Personal Injury Lawyers Philadelphia, we have the knowledge and experience that parents can rely on or child injury claims. You do not have to take on the legal process alone. Our case results and our client testimonials show what we can do for young people and their families when it matters most. Your initial consultation with a Philadelphia child injury car accident attorney is free, confidential, and without additional obligations.
Contact Our Philadelphia Car Accident Lawyer Today
At Gibbons Legal Car Accident & Personal Injury Lawyers, our Philadelphia auto accident attorney is standing by, ready to help your family. If your kid was hurt in a crash, please do not hesitate to call us now or contact us online to arrange a free, no obligation initial consultation. With an office in Philadelphia, we represent parents in child injury motor vehicle accident claims throughout the region, including in the zip codes of 19102, 19107, 19130, 19145, and 19146.
