When a child is injured in a car accident, the emotional and physical toll on the family can be overwhelming. The immediate concern is always the well-being of the child, but once the dust settles, the reality of medical bills, lost time from work, and long-term care needs begin to surface. In Pennsylvania, the legal system provides a pathway for parents or guardians to seek compensation for these damages through a personal injury lawsuit. Understanding how to navigate this process is crucial in ensuring that your child receives the necessary resources for their recovery and future well-being.
Understanding Pennsylvania’s Personal Injury Laws
Before diving into the steps required to file a lawsuit, it is important to understand the legal framework within which these cases operate in Pennsylvania. The state follows a fault-based system for car accidents. This means that the person or party responsible for causing the accident can be held liable for any damages that result, including injuries to children. Pennsylvania also adheres to a modified comparative negligence rule. This rule states that a plaintiff can recover damages as long as they are not more than 50% at fault for the accident. If the plaintiff is found to be partially at fault, their compensation will be reduced by the percentage of their fault.
For cases involving children, Pennsylvania law recognizes the vulnerability of minors and holds drivers to a high standard of care when they are operating vehicles near or around children. If a driver fails to uphold this duty of care and causes an accident that injures a child, they can be held legally responsible for the damages.
Steps to Take Immediately After the Accident
The immediate aftermath of a car accident involving a child can be chaotic and emotionally charged. However, there are important steps that should be taken to protect your child’s health and legal rights. First and foremost, seek medical attention for your child, even if their injuries seem minor. Some injuries, particularly head injuries or internal trauma, may not be immediately apparent and can worsen over time if left untreated. Documenting the injuries with a medical professional is also a critical piece of evidence in any lawsuit.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
Next, it is important to report the accident to the police. The police report will serve as an official record of the incident and can be a valuable piece of evidence in proving liability. Be sure to obtain a copy of this report for your records.
If possible, gather information from the scene of the accident. This includes the names, contact information, and insurance details of all parties involved, as well as any witnesses. Take photographs of the accident scene, the vehicles involved, and any visible injuries your child may have sustained. This evidence can be crucial in building a strong case.
Consulting with a Personal Injury Attorney
Once the immediate concerns have been addressed, the next step is to consult with a personal injury attorney who has experience handling cases involving child car accident injuries in Pennsylvania. While the thought of filing a lawsuit may seem daunting, an attorney can guide you through the process and ensure that your child’s rights are protected.
During the initial consultation, the attorney will review the details of the accident, including the police report, medical records, and any other evidence you have gathered. They will assess the viability of your case and explain the legal options available to you. If you decide to move forward with the lawsuit, the attorney will handle all aspects of the case, from filing the necessary paperwork to negotiating with insurance companies and representing you in court if necessary.
Putting off an Attorney due to Cost Choosing a Personal Injury AttorneyRelated Videos
Filing the Lawsuit
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. However, when the victim is a minor, the statute of limitations is extended. A lawsuit for a child’s injuries can be filed up until the child’s 20th birthday. It is important to note that while this extension provides some flexibility, it is always best to file a lawsuit as soon as possible while evidence is fresh and witnesses’ memories are clear.
The process of filing a lawsuit begins with the attorney drafting a complaint. This legal document outlines the details of the accident, the injuries sustained by the child, and the damages being sought. The complaint is then filed with the court and served on the defendant, who has a certain period to respond.
The Discovery Process
Once the lawsuit is filed, both parties enter a phase known as discovery. During discovery, each side has the opportunity to request information and evidence from the other. This can include written questions, requests for documents, and depositions, where witnesses and parties involved in the accident give sworn testimony.
The discovery process is a critical part of the lawsuit, as it allows both sides to gather the information needed to build their cases. For the plaintiff, this may involve obtaining additional medical records, testimony on the child’s injuries, and evidence of the long-term impact of the injuries on the child’s life.
Verdicts & Settlements
Negotiation and Settlement
In many personal injury cases, including those involving child car accident injuries, the parties may reach a settlement before the case goes to trial. A settlement is an agreement between the plaintiff and the defendant, in which the defendant agrees to pay a certain amount of money in exchange for the plaintiff dropping the lawsuit.
Your attorney will play a key role in negotiating a settlement that fairly compensates your child for their injuries. This can include compensation for medical expenses, pain and suffering, emotional distress, and any future costs related to the injury, such as ongoing medical treatment or therapy.
While a settlement can provide a quicker resolution to the case and avoid the uncertainty of a trial, it is important to carefully consider any settlement offer. Your attorney will help you evaluate the offer and determine whether it is in your child’s best interest to accept or continue pursuing the lawsuit.
Going to Trial
If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present their evidence and arguments to a judge or jury, who will then decide the outcome of the case. The trial process can be lengthy and complex, but your attorney will be there to guide you every step of the way.
At trial, your attorney will present evidence of the defendant’s liability for the accident and the extent of your child’s injuries. This may include testimony from medical professionals, accident reconstruction professionals, and other witnesses. The defendant will have the opportunity to present their own evidence and arguments in defense.
After hearing all the evidence, the judge or jury will render a verdict. If the verdict is in your favor, the court will award damages to compensate your child for their injuries. If the verdict is not in your favor, your attorney can discuss the possibility of appealing the decision.
Damages That Can Be Recovered
In a lawsuit for child car accident injuries, there are several types of damages that can be recovered. These include economic damages, such as medical expenses, rehabilitation costs, and any future medical care your child may require. Non-economic damages may also be awarded for pain and suffering, emotional distress, and the impact of the injuries on your child’s quality of life.
In some cases, punitive damages may also be awarded. Punitive damages are intended to punish the defendant for particularly reckless or egregious behavior and to deter similar conduct in the future. However, punitive damages are relatively rare and are only awarded in cases where the defendant’s conduct was especially harmful.
Ensuring Your Child’s Future
Filing a lawsuit for your child’s car accident injuries is not just about seeking compensation for the immediate costs of medical care and other expenses. It is also about ensuring that your child has the resources they need for their future. Injuries sustained in a car accident can have long-lasting effects, and the financial compensation awarded in a lawsuit can help cover the costs of ongoing care, therapy, and other needs that may arise as your child grows.
In addition to financial compensation, a successful lawsuit can also provide a sense of closure and justice for your family. Knowing that the person responsible for your child’s injuries has been held accountable can be an important part of the healing process.
At McDonald At Law, we understand the profound impact that a car accident injury can have on a child and their family. Our dedicated team is committed to fighting for the rights of injured children and ensuring that they receive the compensation they deserve. If your child has been injured in a car accident in Pennsylvania, we are here to help. Contact us today to schedule a consultation and learn more about how we can assist you in seeking justice for your child. Your child’s future is our top priority, and we will work tirelessly to protect it.