Can a Young Child Injured in a Crash Sue for Medical Expenses, Pain and Suffering?

Yes, a young child injured in a crash can sue the at-fault driver (and possibly others) for medical expenses, pain and suffering and other compensation.

What if the At-Fault Driver is a Parent?

Over the years, I have filed many lawsuits on behalf of young children injured in traffic accidents.  These are always gut-wrenching cases, particularly when the at-fault driver was a parent of the injured child. When the child’s parent was at-fault, the injured child has to, in effect, sue his or her own parent to get full and fair compensation from the insurance company. What families should understand is that the claim is really against the insurance company, not the parent.

Lawsuits against a parent are generally extremely emotional. As a parent of five children, I understand. If you are in a situation like this, I am available for a free, confidential consultation.

What if a Commercial Driver was At-Fault?

I handle many accident cases where a driver of a commercial vehicle (bus, truck, van) was at fault. These are different from regular auto accident cases for many reasons:

  1. In most cases, a spoliation letter needs to be sent as soon as possible after the accident to prevent the company and/or commercial driver from altering or destroying evidence;
  2. There may be many companies legally responsible (“liable” in legal jargon) for the accident, which means your child may have claims against a bus company, trucking company, construction company, delivery company (UPS, FedEx), a manufacturing company (maker of a defective part), a vehicle repair company, the owner of the freight being hauled in a truck, etc.; and
  3. Commercial drivers and transportation companies in interstate commerce have to follow special federal laws.

These cases are generally expensive to litigate. In cases involving serious injury (amputation, burns, brain injury) or wrongful death, it may be necessary to hire engineers and other experts to help reconstruct the accident. There are also often many people who need to be interviewed and other evidence to gather.

If you hire me, you will not have to pay me or our law firm unless we win your case. This is particularly important for children who need legal help to get full and fair compensation.

Attorney Eric Hageman has been given the highest rating by Martindale-Hubbell for an attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence. He is a member of the the American Association for Justice (AAJ) Interstate Trucking Litigation Group.

Share this article:

Category: Accidents
Ready to talk?

We're here to listen. Tell us what happened to you.

We are not paid unless you win. Submitting this form does not create an attorney-client relationship.

Related Articles

Leave a Reply