Protecting our children is a priority for every parent. However, when it comes to car accidents, circumstances can quickly spiral out of control. Colorado Springs has seen an unfortunate frequency of car crashes, with many resulting in injuries to children.
Immediate action is crucial if your child has been involved in a car crash. Seeking both medical and legal help without delay can significantly impact the recovery and future well-being of your child.
In this article, we will explore different legal reimbursement options available to parents whose children have sustained injuries in car accidents in Colorado Springs:
- Insurance claims
- Seeking compensation from at-fault parties
- Filing a lawsuit with a Colorado Springs car accident attorney
Understanding these avenues can help ensure that you secure the best possible outcome for your child’s recovery and financial stability.
Key Aspects of a Personal Injury Case For a Minor
In Colorado, a child’s personal injury claim differs from that of an adult as the statute of limitations is tolled until the minor reaches the age of majority, typically 18 years old. Additionally, minors cannot file their own legal claim and must have a parent or guardian act, known as “next friends,” as their legal representative to pursue compensation for their injuries.
When a child is injured and seeks compensation, it involves two primary components. The first is the child’s claim for damages, covering non-economic (e.g., pain, emotional stress), future economic losses, and physical impairment or disfigurement damages. This claim is exclusive to the child and is valid until the child turns 20.
On the other hand, parents can claim reasonable and necessary expenses, such as medical costs incurred for the child between the injury date and the child’s 18th birthday. This parental claim should be resolved within three years of the accident date for car accident injuries to avoid being time-barred by the statute of limitations.
In certain scenarios, it may be beneficial for both parents and the child to combine their claims and initiate legal action before the third anniversary of the accident.
Types of Injuries Children May Sustain in Car Crashes
Before discussing legal options, it’s crucial to understand the types of injuries children can suffer in car accidents to identify them and provide necessary care.
1. Cognitive/Neurological Injuries
Cognitive or neurological injuries from traumatic brain injuries (TBIs) can occur when a child’s head is suddenly impacted or violently shaken in a car crash. Symptoms include memory loss, concentration difficulties, and behavioral changes. Severe cases may lead to permanent cognitive impairment.
2. Sensory Injuries
Sensory injuries are damage or impairments to a child’s senses, like eyesight or hearing, impacting daily life and well-being. They may result from head trauma or injury to sensory organs during an accident.
3. Disfiguring Injuries
Disfiguring injuries, such as severe cuts, burns, or fractures, result in permanent scarring or deformities. Beyond physical pain and limitations, they profoundly impact a child’s self-esteem and social interactions.
4. Wrongful Death
Some car accidents tragically result in a child’s death, placing an immeasurable emotional and financial burden on the family. Sadly, fatal accidents involving teen drivers increased by 53% in 2023. Comprehensive legal action is necessary to obtain justice and support during this difficult time.
5. Paralysis
Spinal cord injuries in a child can cause paralysis, ranging from partial movement loss to complete quadriplegia, affecting all four limbs. This life-altering condition necessitates ongoing medical care and support for the child and family.
6. Organ Injuries
Injuries to internal organs are often critical and require immediate medical attention. Damage to vital organs like the liver, kidneys, or lungs can have long-term health consequences for a child.
7. Amputations
Severe car crashes can cause traumatic amputations in children, resulting in limb loss. Coping requires extensive rehabilitation and adjustment to prosthetic devices.
Understanding these injuries is crucial for parents seeking proper medical treatment and legal compensation. Each injury presents unique challenges that must be promptly and thoroughly addressed.
Seeking Legal Reimbursement Through Insurance Claims
Insurance claims are the main way for parents to seek financial compensation after their child gets injured in a car accident in Colorado Springs. This process involves filing claims with the insurance companies involved to cover medical costs and emotional distress.
Starting and Handling Insurance Claims
When starting an insurance claim, parents should:
- Notify the Insurance Company: Inform your insurance company about the accident right away.
- Provide Detailed Information: Include the accident’s date, time, location, and details of everyone involved.
- Gather Evidence: Get police reports, witness statements, and photos from the accident scene.
In cases involving child injuries, there are specific things to consider:
- Getting a Pediatric Evaluation: Make sure a pediatrician thoroughly assesses your child’s injuries.
- Documenting Future Medical Needs: Keep track of all upcoming medical needs and potential long-term care requirements.
Assessing Settlement Offers
Insurance companies might offer settlements quickly, but it’s important for parents not to rush into accepting them. Here are some crucial steps:
- Checking if It’s Enough: Make sure any settlement offer fully covers both current and future medical expenses.
- Getting Advice from Lawyers: Work with a professional Colorado Springs car accident attorney to determine if the offer is fair and includes everything it should.
Holding At-Fault Parties Responsible for Child Injuries
When your child is injured in a car crash in Colorado Springs, it’s important to hold the responsible parties accountable for their actions. In legal terms, this means proving that they were at fault for the accident and seeking compensation for your child’s injuries.
Understanding Negligence
In car accident cases, the concept of negligence is crucial. Negligence refers to the failure to take reasonable care, which results in harm to another person. To establish negligence in a car accident involving your child, you need to show the following:
- The person responsible for the accident had a duty to ensure your child’s safety.
- They breached that duty by acting carelessly or recklessly.
- Their actions directly caused your child’s injuries.
- Your child suffered specific damages as a result of their injuries.
Gathering Evidence
To successfully link an at-fault party’s actions or negligence to your child’s injuries, it’s crucial to gather strong evidence:
- Police Reports: These provide an official record of the accident and often include statements from the parties involved and any witnesses.
- Eyewitness Testimonies: If there were people who saw the accident happen, their accounts can help corroborate details about how it occurred and who was at fault.
- Expert Analysis: In some cases, it may be necessary to consult accident reconstruction experts or medical professionals who can provide specialized insights into how the incident happened and its impact on your child’s health.
By having a clear understanding of these important factors, parents can navigate the legal process more effectively and seek justice for their child’s injuries resulting from a car crash in Colorado Springs.
Filing a Lawsuit to Secure Full Compensation
When all other financial options are exhausted or if your child’s injuries are severe, filing a lawsuit may be necessary to seek full compensation, including economic losses, pain and suffering, and potential future earnings.
How to File a Child Injury Lawsuit in Colorado Springs
Here are the steps involved in filing a child injury lawsuit in Colorado Springs:
- Consultation with a Colorado Springs Car Accident Attorney: It’s important to speak with an experienced car accident attorney who can assess your case, explain your legal choices, and guide you through the process.
- Filing the Complaint: Your attorney will prepare and submit a formal complaint to the appropriate court. This document outlines the details of the case, identifies the responsible parties, and states the amount of compensation being sought.
- Discovery Phase: Both sides exchange relevant information about the case. This stage may include witness interviews, written questions (interrogatories), and requests for documents.
- Negotiation and Settlement Attempts: Many cases are resolved through negotiations outside of court at this stage. Your Colorado Springs car accident attorney will negotiate on your behalf to reach a fair settlement.
- Trial: If no settlement is reached, the case goes to trial where both parties present their evidence and arguments before a judge or jury.
- Verdict and Compensation: If successful, the court will decide on the amount of compensation based on the evidence presented.
Why You Need a Colorado Springs Car Accident Attorney
Engaging an experienced attorney offers several advantages when pursuing claims for your child’s injuries:
- Navigating Complex Legal Procedures: The legal process can be confusing, but a Colorado Springs car accident attorney who knows the ins and outs of child injury cases can guide you through it.
- Gathering Strong Evidence: Building a solid case requires collecting compelling evidence. A skilled attorney will know what evidence to look for and how to gather it effectively.
- Advocating in Court: If your case goes to trial, you’ll want a lawyer who can present your arguments persuasively and counter any opposing claims.
- Protecting Your Child’s Rights: Your attorney will ensure that all aspects of your child’s rights are safeguarded throughout the legal proceedings.
- Maximizing Claims: A skilled Colorado Springs car accident attorney ensures you receive full compensation for your child’s injuries by evaluating immediate and long-term needs, including medical expenses, pain and suffering, and future care.
- Dealing with Insurance Companies: Navigating insurance claims can be daunting. An experienced attorney will manage communications and negotiations, gather and present evidence, counter low offers, and push for a fair resolution for your child’s needs.
- Negotiating: Attorneys, trained negotiators, understand insurance tactics to minimize payouts and can argue effectively on your behalf, considering economic losses, emotional trauma, and other relevant factors of your child’s injury.
- Peace of Mind: Having a legal professional dedicated to your child’s rights lets you focus on their recovery, avoiding the stress of complex legal issues. This prevents inadequate settlements and prioritizes your child’s best interests.
Contact a Colorado Springs Car Accident Attorney For a Free Consultation
Taking immediate action is crucial if your child has been injured in a car accident. While seeking prompt medical attention is essential, addressing legal recourse is equally important. A knowledgeable Colorado Springs car accident attorney can assist you through these procedures, making sure every avenue is explored to secure the compensation your child deserves. Reach out to us to schedule a free consultation to discuss your case in detail.
Protecting The Rights Of Colorado Springs Personal Injury Victims
Our goal is to help victims who have been seriously injured in an accident. At Colorado Springs Personal Injury Lawyers®, we work aggressively to help. We have substantial experience representing injured clients and dealing with insurance companies. Our skills allow us to work strategically and maximize your financial recovery.
For more information please contact us at Colorado Springs Personal Injury Lawyers® to schedule a free consultation with an attorney today.
Colorado Springs Personal Injury Lawyers®
121 S Tejon St Suite 201-5
Colorado Springs, CO 80903
(719) 888-4878
