September 05, 2024 | Personal Injury
What Can I Do If My Child Is Hit By a Car?
Every parent’s nightmare is the thought of their child being involved in a car accident. When such a tragic event happens, the initial shock and heartbreak can be overwhelming, but knowing the legal steps to take can provide a semblance of control and assurance during such a stressful time.
The Law Offices of Croley & Foley understands the gravity of these incidents and is here to guide you through the legal avenues available to protect your child’s rights and ensure that justice is served. Here’s a step-by-step guide detailing what to do if your child is hit by a car.
Step 1: Ensure Safety and Medical Care
Immediately following an accident, the priority is your child’s safety. Call for emergency medical services without delay. If your child is conscious and able to communicate, gently ask them about their pain or discomfort, but avoid moving them unless it is necessary to prevent further harm, such as moving away from a burning vehicle. This can prevent exacerbating potential spinal or neck injuries. While waiting for emergency services, if you can do so safely, provide comfort and reassure your child that help is on the way.
Step 2: Contact Law Enforcement
As soon as it is practical, call the police to the scene of the accident. It is crucial to have law enforcement document the incident officially. The police report generated from this documentation is a critical piece of evidence that details the accident’s circumstances and gathers initial observations and statements from the driver, witnesses, and potentially the child if they are able to speak. This report is often a foundational document used in any insurance negotiations or legal proceedings that follow.
Step 3: Gather Information
While you are at the scene, if you can do so without compromising your child’s care or your safety, collect as much information as possible. This includes the driver’s contact and insurance details, vehicle registration, and license plate number. Also, obtain names, phone numbers, and addresses of any witnesses. Use your smartphone to take comprehensive photos of the accident scene, including all vehicles involved, tire marks, road conditions, traffic signs, and any visible injuries to your child. This visual evidence can be crucial in establishing the facts of the case.
Step 4: Keep Detailed Records
Following the accident, keep meticulous records of everything related to your child’s recovery and your financial expenditures. Save all medical records, doctor’s notes, and hospital bills. Track expenses related to the accident, such as travel costs for medical appointments, over-the-counter medications, and any modifications needed at home to accommodate your child’s recovery. These records form the basis of any claim for damages, ensuring you are compensated for all accident-related expenses.
Step 5: Consult with a Car Accident Attorney in Lexington
As soon as possible, consult with a personal injury attorney. The Law Offices of Croley & Foley have extensive experience with such cases and can offer the guidance necessary to navigate the complex legal landscape. An experienced Lexington car accident lawyer will evaluate the case, advise you on the legal options available, and work to protect your child’s rights and interests throughout the process. They will help manage all aspects of your claim, from negotiating with insurance companies to representing you in court if necessary.
Step 6: Investigate the Accident
During this critical phase, your attorney will conduct a thorough examination of the accident. This includes collecting all available evidence not obtained immediately after the incident, such as surveillance footage from nearby sources and data from the involved vehicles. They will also interview witnesses to solidify the sequence of events. Often, this involves collaboration with accident reconstruction professionals who use the collected data to recreate the accident scene and provide factual opinions on the events. This detailed examination helps build a robust case by clarifying responsibility and the degree of negligence involved.
Step 7: Manage Insurance Claims
Handling insurance claims can be a complex part of the recovery process. Your personal injury attorneys in Lexington will manage all communications with insurance companies to advocate for your child’s interests. They will present the evidence, file claims documentation, and negotiate to secure adequate compensation covering medical costs, rehabilitation expenses, pain, suffering, and any long-term care needs your child may have due to the accident. Their proficiency in dealing with insurance matters ensures that your claims are processed efficiently and that insurers meet their obligations.
Step 8: Consider Legal Action
If discussions with the insurance company do not result in a satisfactory settlement, your attorney will assess the possibility of filing a lawsuit. This decision depends on the insurance company’s response to claims, the severity of your child’s injuries, and their overall impact on life quality. Legal action may be advised to seek adequate compensation that the insurance offer might not cover, particularly if the negligence was apparent and significant.
Step 9: Prepare for Litigation
If your case goes to court, prepare for a detailed legal process. This includes the discovery phase, where both parties exchange pertinent information and evidence. Depositions will also be held, where witnesses and involved parties provide sworn statements recorded for court use. Your attorney will carefully prepare you and your child for these steps, ensuring that your case is argued convincingly and professionally. They will manage all courtroom activities, speak on your behalf, and strive to represent your child’s interests effectively throughout the trial.
Step 10: Achieve Resolution
The ultimate goal is to reach a resolution that properly addresses your child’s needs. Whether the case concludes with a court judgment after a trial or through a settlement outside of court, your attorney will work diligently to ensure that the outcome covers all medical and related costs stemming from the accident. They will also seek compensation for any long-term effects of your child’s injuries, ensuring that your child’s future care and well-being are considered in the final settlement.
Take Action Today!
The Law Offices of Croley & Foley are committed to supporting families during these trying times. If your child has been the victim of a car accident, contact us today to explore your legal options and ensure that your child receives the justice they deserve. Our commitment is to provide not just legal representation but a supportive, guiding hand through the recovery process.