Padilla Law Group, LLP

Recover damages after a child is hurt or killed in a car crash

It seems impossible to go a day without hearing about a big car accident occurring in California. Victims of these events often feel that seeking relief for their losses is impossible. If children suffered injuries or died in a car crash, parents may feel achieving compensation for the resulting losses is particularly difficult. By taking the right steps, parents can seek maximum relief for their children and themselves.

How often are children hurt or killed in car accidents? What relief is available to them and their parents? What if parents are found partially at fault for their child's injuries or death?

Child car accident injury statistics

According to the Centers for Disease Control and Prevention, in the year 2016, more than 128,000 children, between the ages of zero and 12 suffered injuries in automobile accidents. That same year, in the United States, over 700 children in that same age group died in car crashes. Even more children between the ages of 12 and 18 died or suffered injuries in auto collisions. In other words, this is a big deal.

Recoverable damages

The same damages recoverable for adults following an auto accident are recoverable for children. A few examples include:

  • Current and future medical expenses
  • Funeral expenses
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of earning capacity

How much you may receive in damages depends on the type of injuries your child suffered, along with what his or her prognosis is.

Partial fault

The sad reality of children being hurt in auto accidents is that their parents fail to properly restrain them. Some parents fail to use restraints at all and others fail to install car safety and booster accurately. According to the CDC, roughly 46 percent of all car and booster seats end up incorrectly installed.

If this is an issue in your case, it does not mean that you cannot seek compensation for your losses. You may still be able to pursue partial compensation, which is certainly better than nothing.

Get help seeking relief

If you believe driver negligence contributed to your child's injury or death, legal counsel can review your case and help you pursue legal action, if appropriate under the circumstances. You are your child's advocate; you are his or her voice. With help, you can take the steps to hold those responsible for your child's injuries or death accountable by seeking relief through legal means.

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320 Encinitas Blvd
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Encinitas, CA 92024

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