What Parents Should Do When Their Child Is Hurt in a Car Crash

Seeing your child hurt in a car accident is every parent’s nightmare, bringing immediate fear, worry, and emotional distress. As a parent of a minor child involved in a car accident, you know nothing matters more than getting your child the medical care and support they need to heal. With this in mind, your focus should be on your child’s health.

Next, you can take steps to safeguard your child’s rights. An experienced car accident lawyer in Binghamton, NY from Scott C. Gottlieb, Injury Law Attorney can help you understand your legal rights and options and pursue a claim against the at-fault driver.

The Critical First 24 Hours: Pediatric Assessment vs. Urgent Care

One of the key steps after a car accident is to call 911 immediately if your child has been injured. Always insist that first responders or paramedics evaluate your child at the scene to ensure your child’s health is prioritized from the very beginning.
In the first 24 hours after a crash, your safest course of action is often to seek a prompt evaluation by your child’s pediatrician or at a hospital emergency department. While urgent care centers can address minor issues, they may lack pediatric specialists or advanced imaging capabilities.

Children’s bodies respond to trauma differently than adults’ do. They face a higher risk of internal injuries that may not show immediate symptoms, including organ damage, internal bleeding, and concussions. In other words, your child may appear alert and stable but still have a developing injury.

In addition to safeguarding your child’s health, establishing a medical record immediately after the accident can also help document whether your child meets New York’s “serious injury” threshold. If so, this expands your options for seeking compensation.

What to Do if Your Child Has Been Injured in a Car Accident

In the hours and days after a crash, your actions can protect both your child’s health and their legal rights. Take the following steps as soon as possible:

• Don’t remove your child from their car seat until emergency responders arrive, unless there’s an immediate safety risk. The seat’s position and visible damage may provide important evidence about the force of impact.
• Notify the police to report the accident and request an ambulance if your child is injured.
• Seek medical attention for yourself and your child, even if the injuries seem minor. Waiting too long to seek medical attention can worsen any injuries your child has and may impact the personal injury claim you make on their behalf.
• Get contact information from the other driver, including their name, insurance information, license plate number, and driver’s license number. If there are any witnesses who saw what happened, get their names and phone numbers.
• Take pictures of everything that you think could be important after the accident, including all vehicles involved, the accident scene, traffic signs or signals, skid marks, and any visible injuries your child has.
• Continue to monitor your child for delayed symptoms, including headaches, vomiting, changes in sleep, or unusual behavior.
  Offer your child reassurance and comfort, as emotional distress is common after a crash.
• Keep all medical records, bills, and discharge instructions.
• Document your child’s recovery, including any pain they report, changes in behavior, or struggles with activities they once enjoyed.
• Seek legal representation to understand your rights under New York’s no-fault system.

New York’s “Two-Clock” Statute of Limitations

Two separate deadlines apply when a child is hurt in a crash in New York. Under state law, the standard three-year deadline for the child’s personal injury claim is tolled, or paused, until the child turns 18. In most cases, this means the child has three years from their 18th birthday to file a personal injury lawsuit.

At the same time, however, parents’ claims for reimbursement of medical expenses and related costs are not tolled. No-fault claims for medical expenses and related costs must be filed within 30 days, regardless of the child’s age at the time of the accident.

Contact a Binghamton Car Accident Lawyer for Legal Help

If your child got hurt in a collision, turn to Scott C. Gottlieb, Injury Law Attorney for the legal advocacy and support your family needs. We’re focused solely on injury cases and have an extensive track record of success in securing substantial compensation for New York’s injured. We’ll do everything possible to make your experience manageable and hassle-free, from coordinating with your doctors to get necessary documentation to pursuing every last dollar you deserve. Contact our car accident lawyer today to get started with a free consultation.