Car accident incidents often result in confusion when there is only one person and only one injury. However, this confusion is multiplied when there are multiple individuals or other factors included complicating issues and making them difficult to resolve. Receiving compensation is a tort principle when an injury is caused by a negligent party. When children are involved in car accidents it brings about new difficulties to a case and even settling it to receive compensation. This article will discuss some of the differences that exist in settling a car accident case in respect of a child victim.
A child may be traumatized, as a result of a car accident, to the point of nonverbal communication. This means that the young person may be affected to the point that she or he is incapable of speaking about it. Others may be affected in a way that they cannot remember the incident. Such symptoms must be treated and resolved before these young ones become involved in the case.
When injured in a car accident, children may suffer from great pain or severe complications. Due to their smaller bodies they may have been harmed to a greater degree; as such this means more time recovering and more energy devoted to getting better. It also means it may decrease the period they are helpful to the case or claim for compensation after the accident. Where insurance settlements are possible these individuals may need to detail what occurred to them through the course of the accident. And even in the presence of a parent or guardian to assist them it may just prove too much for them.
There are many differences in settling matters after a car accident case between adults and children. In fact, treatment tends to be applied in a different way as the young person may not have developed enough physically but their body may suffer from long-term or lifelong issues. To top it off, these effects may take time to appear. ‘Funds about what will be taken care of may need to be set aside in case of emergencies or health issues.’ In addition, there must exist no conflict of interest between the child and adult. The needs of the younger individual should come first if at all possible.
Another notable difference is the manner in which court settlements are handled when involving children. For settlements that are approved and go through the court system, any children involved in the process are usually appointed their own lawyer. This legal representative is called guardian ad litem. They are entrusted with ensuring the settlement is for the best interest of the child affected by the accident. All compensation that is given must be beneficial and ensure a better situation for the minor concerned. Injuries that are sustained in the incident are investigated by the lawyer to guarantee offered monies are enough and fair for further complications or for future needs of medical assistance. Where large amounts of settlements are received for the child the guardian ad litem often suggests or recommends that the funds are placed in a form of trust or annuity.
For legal advice on child injuries sustained in a plane accident in Wasilla contact a law firm of professionals.