Car accidents are every parent’s worst nightmare. Navigating the aftermath of a child’s injury in a collision presents a unique set of challenges. From understanding their physical and emotional recovery to handling legal and insurance complexities, parents are often left overwhelmed and unsure of the best course of action. Please continue reading as we explore how a determined New York City Car Accident Lawyer can help you understand your legal options.
How Are Car Accident Claims Different When the Victim Is a Minor?
In the state of New York, minors are legally prohibited from initiating lawsuits independently. Consequently, it is generally required that a parent or guardian file the claim on behalf of the minor. It is pertinent to understand that the statute of limitations for such claims is tolled or paused, effectively extending the period during which a lawsuit may be filed until the minor reaches the age of 18. In practical terms, this means that individuals have until the age of 21 to file a lawsuit, although specific exceptions may apply.
Despite the availability of an extended timeframe, it remains advisable to consult a qualified attorney at an early stage ot prevent the expiration of deadlines and to ensure the preservation of evidence, which may degrade over time. If a settlement or judgment is secured, the court will typically establish a trust or custodial account to manage the financial award until the child attains the age of 18. Additionally, it should be noted that any settlements involving minors necessitate court approval to guarantee the protection of the child’s best interests.
What Should I Do If My Child Is Injured in a Car Accident?
If your child is injured in an accident, you must prioritize medical attention, even if their injuries seem minor. You should take them to the emergency room or children’s hospital for proper diagnosis and treatment. This will establish a medical record for your claim.
If you are physically capable, you should file a police report, take photos of the accident scene and any visible injuries, as well as collect contact and insurance information from all parties involved. It is also advisable to keep a journal, documenting your child’s injuries and progress.
Although New York’s no-fault system will help cover basic economic losses up to a certain amount regardless of fault, a personal injury lawsuit may be necessary for severe injuries, to cover additional losses, and to address long-term damages like disfigurement or mental anguish. Engaging an experienced attorney is strongly recommended, as they can help assess the case, collect evidence, negotiate with insurance companies, and pursue a lawsuit to recover the compensation needed to get your child’s life back on track.
As you navigate the challenging aftermath of a car accident involving your child in New York, it is in your best interest to contact an attorney at The Bàez Legal Group who can help protect your child during this difficult time. Connect with our firm today to schedule a consultation.
