KEY TAKEAWAYS
- Seek immediate medical attention for your child after a car accident, follow all treatment recommendations, and carefully document injuries and recovery to protect both their health and any potential claim.
- Gather evidence by reporting the crash, obtaining the police report, collecting witness and insurance information, and taking photos or videos of injuries, vehicle damage, and accident conditions.
- Be cautious when dealing with insurance companies, understand the special legal protections available to injured minors in Texas, and consider consulting an attorney to help protect your child’s rights and future compensation.
Learning that your child was injured in a car accident is a terrifying experience. If you are at the scene, it is essential to alert emergency services right away. In addition to providing them with medical support, you can take proactive steps to protect their physical well-being and preserve a potential claim for compensation.
In this article, we will walk through the most important steps to take to protect your child’s health and future. The Stephens Law Firm has the legal knowledge and experience to navigate your case from start to finish. Contact our office today to schedule an initial, complimentary consultation.
Step 1: Get Your Child Medical Attention Immediately
Immediate medical care should always come first, even when injuries appear minor. In many cases, car accident victims have hidden injuries due to the adrenaline masking symptoms.A doctor’s appointment allows for a detailed exam of your child’s physical well-being to rule out serious, often hard-to-detect injuries, like internal bleeding and concussions.
With serious injuries, it is always a better option to have medical personnel come to the scene rather than bringing your child to them. In these types of situations, the victim should not be moved due to possible spinal injuries that could worsen.
Along with an initial medical exam, make sure your child attends follow-up treatment and keeps consistent with at-home care. Each of these steps allows for consistent medical documentation that fully reflects the severity of their injuries, making it more difficult for insurers to minimize a claim.
Step 2: Report the Accident and Gather Information
To ensure the incident is properly documented, call 911 and report it to the authorities. Once police arrive at the scene, they will create a detailed report that you can request a copy of. While you wait for emergency personnel to arrive, gather insurance and contact details from the other parties involved. If any witnesses are present, ask for their contact information as well.
If you are able, document the accident with photos and videos. Take pictures of any injuries, damaged property, and road conditions. Collecting visual evidence at the scene ensures that it is fresh and available. Waiting can make it more difficult to locate witnesses and paint a picture of what took place.
Step 3: Document Your Child’s Injuries and Recovery
Keep organized records of your child’s injuries and recovery, including official medical documentation and a personal journal documenting symptoms and changes. To make the documentation process much more manageable, include medical records, injury photos, missed school, emotional changes, pain complaints, daily limitations, and other important details. The key here is to stay consistent and not create gaps in recovery that could allow insurers to discount or minimize your child’s injuries.
If you’ve been hurt in an accident, you’re probably feeling overwhelmed and unsure where to turn. Joe Stephens is here to listen, guide you, and fight for the full compensation you need to move forward with your life.
Some injuries and emotional trauma may not appear immediately after an accident. Identifying and understanding the extent of injuries is especially difficult in child victims, as they may struggle to fully articulate the types of symptoms they are having
Parents should monitor existing and new symptoms that surface in the hours and days afterward. For example, concussions, internal injuries, behavioral changes, sleep issues, and anxiety-related symptoms. Each of these should be documented and shared with their primary care physician.
Step 5: Be Careful When Speaking With Insurance Companies
After a car accident involving a minor, insurance companies might reach out to the parents and offer an initial settlement offer. However, it is important to fully understand the extent of injuries before accepting any compensation.
Your child’s doctor can determine when they have reached maximum medical improvement, or the full extent of recovery. Once this happens, you will be better equipped to accept a settlement that is sufficient to cover their damages.
Similarly, be cautious when providing insurers with recorded statements, medical authorizations, and signed releases. Insurance companies may use these documents to limit or dispute a claim, and signing paperwork too early could affect your child’s right to recover full compensation.
Before agreeing to any requests or accepting a settlement offer, consider speaking with an attorney who can help protect your child’s interests and ensure any compensation reflects the full extent of their injuries and losses.
Step 6: Understand Your Options as a Parent in Texas
In Texas, parents or legal guardians typically file and manage injury claims on a child’s behalf because minors cannot pursue legal action on their own. Compensation may cover medical expenses, pain and suffering, emotional trauma, rehabilitation costs, and future treatment needs related to the injury.
These cases often involve special legal protections for minors, and settlement agreements may require court approval to ensure they are in the child’s best interests. Additionally, the timelines for filing a car accident claim involving a minor differ from standard personal injury cases.
Although most Texas personal injury claims have a two-year filing deadline, that deadline is generally paused for injured minors until they turn 18. As a result, children often have additional time to file a lawsuit.
JOE STEPHENS | FOUNDER
“Even if me and the insurance company would agree on a settlement, the court is going to get involved in a minor’s case and must approve the settlement. In fact, the court’s going to appoint a lawyer of its own to oversee the settlement, to make sure everything’s done correctly, to make sure everything is done fairly.”
Step 7: When To Contact a Houston Child Injury Lawyer
Legal guidance can be invaluable in car accident cases involving minors. An experienced attorney can help navigate complex issues such as serious injuries, disputed liability, insurance negotiations, and future medical needs. Working with an attorney can also help protect your child’s rights and pursue compensation that supports their long-term well-being.
Contact Our Experienced Texas Accident Lawyer
When your child is injured in a car accident, understanding your legal options can be an important part of protecting their future. A child injury lawyer can evaluate the circumstances of the crash, explain your rights, and help you pursue compensation for medical expenses, pain and suffering, and future care needs.
Taking action early can help preserve evidence and strengthen your child’s claim. Call (281) 201-0035 today to speak with an attorney about your case and learn how Texas law may apply to your family’s situation.
