If your precious child was injured in a motor vehicle accident, you understand how emotionally painful it can be. And, there is no doubt that you want to see your child fully recovered and healed. You are also likely to want the person or party who was responsible for your child’s injuries held accountable. Personal injury car accident attorneys understand all this, too. They know that it can feel more painful than experiencing your own injuries. Since a child is both physically and emotionally vulnerable, you will have to fight for their rights in court. Fortunately, you can file a personal injury lawsuit on your child’s behalf.
A car accident lawyer can investigate the motor vehicle accident your child was involved in and work to make sure all at-fault parties are held liable for any injuries your child has suffered. If you were also injured in the same car accident, a lawyer could file two separate lawsuits for compensation. A financial award for damages can reduce the stress and burden on your family at this difficult time.
Filing a Lawsuit for Your Child
When you file a personal injury lawsuit on behalf of your child, the case works very much like the case was your own. Except, you will speak on behalf of your child. If your child is old enough and able, he or she can testify in their own case. However, if age, emotional trauma, or physical challenges make your child incapable of testifying, you can do the talking.
A personal injury attorney can present evidence in this case relevant to your child’s injuries. The legal professional will use this evidence to prove to the judge and jury that the other party’s negligence or wrongful conduct caused your child pain and suffering.
Proving Who Was Responsible for the Accident
When trying to identify who was at fault in your motor vehicle accident, a personal injury attorney uses tangible evidence such as medical records, police reports, pictures and videos taken at the scene of the accident, witness testimonies, and more. These show how the accident occurred and who contributed to the damages.
When car accidents happen, negligence is often involved. Car crash negligence is usually due to some of these:
- Distracted driving
- Driving under the influence
- Driving too fast for conditions
- Disobeying the rules of the road
Your attorney may also need to show that other parties were at fault in your child’s car accident, not just the driver of the other vehicle. For example, if the driver of the other can had a vehicle malfunction, the manufacturer of that vehicle may be held liable.
Damages Children Can Recover
You can expect to recover the same damages for your child as adults can. Economic damages awarded may include medical expenses caused by their injuries. They may also include non-economic damages such as pain and suffering, emotional trauma, and loss of enjoyment of life.
Finally, your child has the right to compensation for his or her suffering. Seek out an experienced and knowledgeable personal injury attorney to fight for your child’s rights and ensure that your family is appropriately compensated.