Car Accidents Involving Children

As a parent, you are probably aware that car accidents involving children are extremely dangerous. In fact, one of the leading causes of death for children in the U.S. is injuries sustained due to transportation accidents, according to the U.S. Centers for Disease Control and Prevention. The highest fatality rate was for children who were occupants of a vehicle, followed by children who passed away from pedestrian or bicycle accidents. The CDC also reports that each hour, close to 150 children are treated in emergency rooms for injuries sustained in car accidents. You do your best to drive safely, but you cannot prevent someone else from colliding with your vehicle.

If you were struck by another driver, your child may have suffered serious injuries. Your focus should be on comforting your child and ensuring they receive the best medical care possible. Let our car accident lawyers focus be on holding the at-fault driver responsible and obtaining the compensation you deserve under the law. At Studinski Law, LLC, we have decades of experience handling car accidents involving children. Let us help you and your child recover.

Call us today at (715) 343-2850 or reach out through our online contact form to schedule a free consultation.

Common Injuries to Kids in Car Accidents

The most common type of car accident injury for children involved in collisions is head trauma. This includes lacerations and contusions (cuts and bruises) to the head and face. These injuries can be relatively minor or severe. Lacerations may require closure by a plastic surgeon to reduce scarring. In car accidents, they can be caused by things like glass and plastic particles flying around the vehicle or from your child colliding with the interior of the vehicle or the airbag. If your child was in the front seat with an airbag, they might also suffer a broken nose.

Other head injuries that children may suffer from car accidents are concussions and more severe traumatic brain injuries (TBIs). These brain injuries are often associated with a loss of consciousness at the accident. Additionally, children may experience skull fractures, which may require surgery.

The recuperation time and recoveries related to head and brain injuries in children vary greatly. Depending on the type and extent of the injury, your child may recover fully. However, brain injuries can also be associated with long-term and permanent injuries. If your child suffers a moderate-to-severe TBI, this can result in developmental, cognitive, and physical limitations.

Children are also likely to experience injuries to the ribs, chest, and lungs. Rib fractures are extremely common, though more severe lung injuries and internal bleeding are also possible. While these injuries can occur when children are properly seated and secured, they are much more likely when children are not placed in an appropriate safety seat.

While head, brain, and thoracic injuries are common in children involved in car accidents, they are not the only injuries your child may suffer. A car crash can lead to almost anything, including psychological trauma. Following a crash, your child may experience depression, anxiety, post-traumatic stress disorder (PTSD), and other mental health issues.

Child Safety Seats

One of the ways children are protected in car accidents is by being properly secured. For older and bigger children, the seatbelt may be enough. However, younger and smaller children require safety seats. Car safety seats have been proven to improve children’s outcomes in car accidents. The CDC reports that car seats reduce the risk of death in car accidents by 71 percent for infants and 54 percent in toddlers. Booster seats reduce the risk of injury in children between the ages of four and eight years old by 45 percent.

Children younger than 12 months should be placed in a rear-facing car seat. Your child should remain in an appropriate rear-facing seat until they hit the height and weight limit dictated by the manufacturer, which is usually between 40 and 50 pounds and between 44 and 49 inches tall. This usually occurs by the time your child is three years old.

Between the age of two and five years old, your child may move to a forward-facing child safety seat. When you make the transition will depend on your child’s height and weight – not their age. Check the height and weight limits for your forward-facing seat. When your child hits the limits, they can transition to a booster seat, which ensures the seat belt fits their body properly to protect them. The seat belt should be across their lap and thighs, not their stomach, and the shoulder belt lays across their chest, not their neck. Your child should use a booster seat until the seat belt fits them properly without it.

If another person was driving your child at the time of the accident and they did not properly secure your child in a safety seat, contact us at Studinski Law, LLC immediately.

Child in a Car Accident Compensation

If your child was injured in a car crash, contact us right away. Placing a value on injuries after a collision is always difficult. It is especially tough when the injuries are to a child who may not be able to communicate everything they are going through. We are here to work with you, your child, their physicians, and medical experts to fully understand your child’s injuries and the impact they have had on your child’s life and future. With this understanding, we can represent you in a personal injury claim to pursue compensation for:

• Past, current, and future medical expenses
• Your child’s physical pain and suffering
• Your child’s mental and emotional suffering
• A disfigurement
• A disability
• Loss of a normal life

If your child’s injuries have altered their physical or cognitive capabilities, it is essential that you fight for an adequate financial recovery. We will be aggressive in pursuing the maximum amount possible for you and your child. Wisconsin law requires that a guardian ad litem be appointed in your child’s case to ensure a settlement is fair. We are on the same side and will work with the guardian ad litem as necessary.

Additionally, Wisconsin law seeks to protect your child’s compensation. You may be required to place the compensation into a protected account, which becomes your child’s property on their 18th birthday. If you wish to use part of the settlement compensation for your child’s expenses, you may need to obtain court permission.

Statute of Limitations in Child Injury Cases

The statute of limitations for a personal injury case in Wisconsin is typically three years from the date of the accident. However, the issue is different for someone who is injured as a minor. As their parent, you have the right to file suit on their behalf. Yet, for various reasons, you may choose not to. In this situation, your child has two years from the date of their 18th birthday to decide whether or not to sue for their injuries.

It is typically better to file a personal injury claim as soon as possible. The evidence is fresh at this time. By waiting, there is a greater risk of important evidence being lost or deteriorating – including people’s memories. Whether or not to file a claim for your child can be a tough decision, and you do not have to make it alone. Call Studinski Law, LLC to discuss the merits of filing suit on behalf of your child within the three years after the crash.

Let a Wisconsin Child Car Accident Lawyer Help You

Nothing is more frightening that learning your child was injured in a car accident. You do everything you can, every day, to keep your child safe. Seeing them injured and in a hospital is not only scary, it can also be enraging. It is during this time that you will benefit the most from compassionate and objective legal advice. At Studinski Law, LLC, we understand your attention needs to be on your child and not a lawsuit or insurance claim. We are here to represent your child’s interests through the personal injury claim process and to fight for everything your child deserves.

To learn how we can help you and your child, call us at (715) 343-2850 or use our online contact form to request a free consultation.