The Bureau of Justice Statistics reports that approximately 3 to 4 percent of personal injury cases proceed to trial. It underscores the legal challenges families encounter after a car accident. When a child is severely injured, parents endure a grueling journey from heartbreak to healing.
In this article, we address the medical, legal, and emotional hurdles families face, offering essential guidance and support. We aim to transform sorrow into strength and despair into hope, providing direction for families navigating this difficult journey.
Immediate Steps After the Accident
First, secure emergency medical care by calling 911 and following first responders’ directions. Document the accident scene thoroughly, capturing photos and collecting witness statements, which are crucial for legal and insurance matters.
Obtain prompt medical evaluations, even if injuries seem minor, as some issues might not be visible right away. Notify your insurance company and seek advice from a personal injury attorney to understand your legal rights and options.
CloudLex reports that according to the U.S. Department of Justice, approximately 16,397 tort cases went to trial across the country. However, only 4% of personal injury cases reached trial. The majority settle out of court, and 52% of these cases involve motor vehicle accidents, underscoring the importance of prompt legal action.
How Can I Ensure that All Witnesses are Contacted and their Statements Recorded?
To ensure witness statements are recorded, collect their contact information at the scene and follow up quickly. Interview them and document their statements carefully. For added reliability, consider having a legal professional help secure and formalize these statements.
Medical Care and Rehabilitation
Start with immediate evaluations by medical professionals to identify both visible and hidden injuries. Develop a treatment plan that may include surgeries, medication, and specialized therapies to address your child’s specific needs. Medical injuries come with huge costs.
Injury Facts states in 2022, medically consulted injuries from motor-vehicle incidents reached 5.2 million, contributing to total costs of approximately $481.2 billion. These expenses encompass medical care, administrative costs, and property damage, highlighting the significant financial impact of such injuries.
Continued rehabilitation, including occupational therapy, physical therapy, or psychological counseling, plays a crucial role in recovery and adjustment. You must schedule regular check-ups to track progress and modify treatments as required.
Legal Considerations
Begin by seeking advice from a skilled personal injury lawyer who specializes in cases involving child injuries. They will explain your legal rights and choices, including pursuing compensation for medical expenses, emotional distress, and future care requirements. Gather essential paperwork like medical records, accident reports, and witness accounts to bolster your claim.
TorHoerman Law suggests that approximately 28% of all car accidents in St. Louis result in serious injuries. These claims are supported by multiple accidents in the area, such as the one discussed below.
On April 25, 2024, St. Louis mom Antanette Jackson was devastated when her 9-year-old son, Codi, was pinned between two cars. The accident happened just 10 minutes into their day at the park. Codi is on life support with serious injuries, and his family is hopeful for his recovery. The driver, Kevin Johnson, faces multiple charges for the incident.
When faced with such circumstances, a car accident lawyer in St. Louis can help you navigate the legal proceedings. They can also engage with insurance companies on your behalf and provide courtroom representation when necessary. Effective legal representation ensures you receive fair compensation and addresses all aspects of your child’s recovery and long-term needs.
Financial Compensation and Support
Obtaining financial compensation is essential for covering the costs of severe injuries from a car accident. This compensation can address immediate medical expenses, ongoing treatments, rehabilitation, and necessary accommodations. It also covers non-economic damages like pain and suffering, as well as future care needs.
Forbes states in 2020, financial compensation for car accident injuries varied widely, with average settlements between $20,000 and $25,000. The Insurance Information Institute reported an average injury settlement of $20,235, while Martindale-Nolo noted $23,900. However, most respondents received less than $10,000, highlighting disparities in compensation outcomes despite similar claims.
Following the disparities in compensation, the best is to work with a personal injury attorney to assess your child’s financial needs. They explore all compensation options, including legal action.
How Can I Accurately Document Future Medical and Living Expenses for My Child?
Record all medical treatments, prescriptions, and therapy costs in detail to document future medical and living expenses. Track any necessary changes to your child’s living environment. Regularly update and organize these records to support financial claims and ensure accurate documentation.
Educational and Psychological Support
Ensure your child receives specialized educational resources and accommodations if their injuries affect their learning. Collaborate with school counselors, special education teachers, or tutors to develop an individualized education plan (IEP).
VA states psychological support is crucial, with studies showing 15%-43% of girls and 14%-43% of boys experience trauma. Among those affected, 3% to 15% of girls and 1% to 6% of boys may develop PTSD, particularly after specific traumas. The after-effects of an accident can be a factor triggering such traumas.
Hence, the parents must make informed decisions regarding the therapy required before it’s too late. Address psychological needs by engaging a child psychologist or therapist to help your child manage trauma, anxiety, or behavioral changes. Regular counseling is essential for emotional healing and mental well-being.
Advocating for Your Child’s Needs
Engage actively with healthcare providers, educators, and therapists to communicate your child’s needs and progress. Proactively seek out necessary accommodations, therapies, and educational adjustments to aid their recovery.
Keep thorough records of all interactions, treatments, and recommendations to monitor progress and address any issues. Participate in support groups and networks to stay informed and connect with others in similar situations.
Long-term Planning for Your Child’s Future
Start by creating a detailed care plan that addresses ongoing medical treatments, rehabilitation, and any special needs or accommodations. Evaluate future expenses like education, therapy, and personal care, and use financial strategies such as trusts or savings accounts.
Work with financial advisors and legal professionals to develop a strategy that ensures long-term stability and access to essential resources. Periodically assess and revise the plan to accommodate changes in your child’s requirements.
How Should I Initiate the Creation of a Special Needs Trust for My Child?
To establish a special needs trust, seek guidance from a lawyer who specializes in estate planning and special needs trusts. Collaborate with them to draft and specify the trust’s asset management and distribution. Fund the trust and review it regularly to ensure it meets your child’s needs and legal standards.
Helping Your Child Heal
Facing severe injuries from a car accident is challenging, but proactive steps can significantly impact your child’s recovery and future. Securing immediate medical care, obtaining legal support, and planning for long-term needs are all critical actions. Addressing medical, educational, and financial aspects thoroughly helps create a stable and supportive environment for your child’s development.