Few things are more shocking and frightening than being told that your child has been hit by a car. While your first need is to get help and comfort your child, even amidst the chaos, there are steps to take to protect your and your child’s rights.
If someone has acted negligently and injured your child, that person may be held financially accountable for the child’s injuries. The child, through their parents, has a right to seek compensation for their pain, suffering, and future losses, while the parents seek repayment for medical bills and other costs.
A child injury lawyer with Morgan, Collins, Yeast & Salyer in Kentucky can help you seek the full compensation your family needs if your child has been hit by a car. Our Kentucky Courage attorneys are proud to have helped many injured Kentuckians stand up for themselves. Our experienced injury lawyers have recovered more than $300 million in compensation for our clients. Contact us today for a free consultation about your legal options.
What To Do Immediately After Your Child Is Hit by a Car
First and foremost, if you are present or nearby when your child is struck by a negligent driver, the injured child needs medical care and your assurance that they will be OK. You need to remain calm for your child’s sake. Your initial steps are to:
- Phone 911 and request an ambulance and police. Regardless of how slightly or badly injured your child appears to be, console the child and keep them still as you wait for emergency responders to examine them. If the responders suggest that your child should go to the hospital for medical attention, you should cooperate. Get in the ambulance with your child.
- Document the accident. Police will get the names and other information about the driver involved and share it with you. Hold onto this and ask when the police report will be available. If you have the opportunity, get the names and contact information of witnesses to the accident. Take photos that will help depict what happened, if you can.
- Seek support at the hospital. Find a shoulder to lean on. If a helpful family member, friend, or another confidant is not available, ask about services the hospital offers to meet the unique needs of children with traumatic injuries and their families.
- Document everything. Begin saving everything connected to your child’s injuries and medical care — all records, receipts, and correspondence. Take notes when you meet with doctors and therapists who are treating your child. Make your own notes from observing your child’s recovery. This information may become evidence in a legal claim.
- Contact a car accident lawyer. If your child must be hospitalized or at any point you wonder how you’ll pay for their medical care, you should speak to a lawyer. A personal injury lawyer from Morgan, Collins, Yeast & Salyer can help you review the legal options available and help you pursue compensation for your child’s serious injuries at no cost to you.
What Are The Legal Options for a Child Hit by a Car?
Under Kentucky’s rules for car accident claims, a pedestrian hit by a car would seek compensation for their medical bills by making a claim against the Personal Injury Protection (PIP) insurance policy held by the owner of the car that struck them. A parent or guardian would file a claim on behalf of an underage child.
Basic PIP coverage, which is required of Kentucky car owners, provides up to $10,000 per person for medical expenses, lost wages, and similar out-of-pocket costs due to an injury. PIP is sometimes called “basic reparations coverage.”
The child’s parent or guardian would file a claim against the responsible party on the child’s behalf for losses not covered by PIP. This type of personal injury claim might seek compensation for the cost of:
- Medical care, including any ongoing or future medical treatment
- Pain and suffering
- Mental anguish
- Permanent scarring, disfigurement, or impairment
- Loss of earning ability and future income.
If a child has suffered disabling or disfiguring injuries, a claim should account for the costs of future medical needs, adaptive equipment, special education requirements, and other losses.
Despite increased opportunities for the disabled, severe injuries may curtail a child’s opportunities to fully participate in many childhood activities and lead to limited opportunities in education, employment, dating, and marriage as they grow older. This loss of the enjoyment of life is potentially compensable.
Liability Insurance and Uninsured/Underinsured Motorists Coverage
A personal injury lawsuit filed after a child has been injured as a pedestrian would initially seek compensation from the auto liability insurance of the at-fault party. In addition to PIP coverage, Kentucky law requires car owners to maintain auto liability coverage worth:
- $25,000 for all claims for bodily injury damages suffered by one person
- $50,000 for all bodily injury damages suffered by all persons as a result of an accident
- $25,000 for all property damage as a result of any one accident.
Other types of insurance coverage are available, but vehicle owners in Kentucky are not required to purchase them. Uninsured/underinsured motorist (UM/UIM) coverage pays when the driver at fault for an accident has no insurance or too little insurance. Uninsured coverage may also apply when the policyholder or their family members have been injured in a hit-and-run accident, and the at-fault driver cannot be identified.
Special Considerations for Child Injuries
Kentucky has a strict statute of limitations on most personal injury claims, which allows two years from the date of injury to file a personal injury lawsuit in most cases. The statute of limitations is paused if the injured person was under the age of 18 when they were injured. When the injured child reaches the age of 18, the statute of limitations period begins.
Personal injury claims are complex and time-consuming. There is no reason to delay seeking compensation for losses that you and your child have experienced.
Contact a Child Injury Lawyer in Kentucky
Our personal injury attorneys at Morgan, Collins, Yeast & Salyer understand what you are dealing with as you and your child face a potentially long-term recovery from car accident injuries. We are committed to providing personalized, one-on-one service to support you during this difficult time. We take cases to trial when insurance companies refuse to agree to a fair settlement. Our Kentucky Courage attorneys fight tooth and nail for what is right.
We know this is a tough time for you and your family. Let us strengthen the Kentucky Courage within you and help you demand compensation to cover your losses and move forward. Contact Morgan, Collins, Yeast & Salyer today for a free case evaluation. You will not be charged any legal fee unless we are successful in recovering money for you. Call (877) 809-5352 to get started now.
