Our Kansas City Pediatric Injury Lawyers Discuss Compensation for Child Car Accident Injuries
If your child has been injured in a car accident, their recovery may require ongoing and expensive medical care. It’s natural to feel overwhelmed by the mounting medical bills and potential need for ongoing therapy. At Fowler Pickert Eisenmenger Norfleet, we are here to help families facing this situation.
Our experienced Kansas City pediatric injury attorneys understand the unique challenges families face after a child is injured in a car accident. We help parents navigate the complex process of securing fair compensation while protecting their child's interests. Here, we discuss the types of compensation available when a child is injured in a car accident and provide additional information to help you prepare effectively to seek fair compensation.
Types of Compensation for Child Car Accident Injuries
Parents of a child who is injured in a car accident can pursue compensation for both immediate and long-term expenses related to their child's injuries. Your Kansas City pediatric injury attorney will work to identify responsible parties and review all applicable insurance policies to identify all potential sources of compensation. Examples of compensation that may apply when a child is injured in a car accident may include:
Medical Expenses
Medical expenses often form the largest portion of a pediatric injury claim. This includes emergency care, surgeries, medications, physical therapy, psychological counseling, and any anticipated future medical needs related to the accident.
Specialized Equipment
Children may require specialized medical equipment or home modifications to accommodate their injuries. The cost of wheelchairs, hospital beds, bathroom modifications, or other necessary equipment should be included in the compensation request.
Parents’ Lost Wages
Parents can also seek compensation for lost wages if they must take time off work to care for their injured child. This includes time spent attending medical appointments or providing home care during recovery.
Emotional Impact
The emotional impact of a car crash on a child deserves special consideration. Children may experience anxiety, depression, or post-traumatic stress that requires ongoing mental health support.
The Importance of Documenting Your Child's Injuries
Thorough documentation strengthens your child's claim for fair compensation. Insurance companies and courts rely on clear evidence to determine appropriate settlement amounts. Examples of helpful documentation include:
Medical Records
Medical records provide objective proof of your child's injuries and necessary treatments. Be sure to keep detailed records of all medical treatments, including emergency care, follow-up visits, and therapy sessions. Save all bills, receipts, and insurance statements. These documents help establish the extent of harm and expected recovery time, directly impacting compensation amounts.
Daily Observations
Daily records of your child's pain levels, mobility issues, and emotional state paint a complete picture of how the injuries affect their life. Note any changes in behavior, sleep patterns, or daily activities. This documentation is particularly important since children may struggle to articulate their experiences or may not recognize how the accident has impacted them.
Visual Documentation
Photos and videos create a visual timeline of your child's recovery process. Take photos of visible injuries and keep a journal documenting your child's recovery progress. These images help others understand your child's physical and emotional challenges during rehabilitation.
Education-Related Details
School records and teacher observations can demonstrate how the injuries affect your child's education and social development. Request copies of school records that show how the injuries have affected their academic performance or attendance and include documentation of any necessary accommodations. Changes in grades, participation, or behavior may indicate accident-related challenges that deserve compensation.
Protecting Your Child's Settlement
According to the Missouri Statutory Thresholds for Settlements Involving Minors Act (R.S.Mo 436.700), court approval is required for some settlements involving minors. Under Missouri law, the injured child’s parent or legal custodian can enter into a settlement of agreement on their behalf without court involvement by executing an affidavit if the total amount is less than $35,000. However, court involvement is required for larger settlements or judgments involving a minor.
The purpose of this level of legal protection for larger settlements or judgments is to ensure that the compensation is used in a way that serves the child's best interests. In situations requiring court involvement, the court may require a structured settlement that provides regular payments throughout your child's life rather than a single lump sum in order to protect the funds for the child’s future needs.
Whether court supervision is required or not, parents should consider how the settlement in their pediatric injury case might affect their child's eligibility for government benefits. Proper planning can help preserve access to essential programs while maximizing available compensation. In addition to helping families seek fair compensation for their child’s injuries, our Kansas City pediatric injury law firm can also help establish a trust to manage settlement funds, which can help ensure the money is available for your child’s medical care, education, or other needs as they grow.