Car accident with a child on board

Driving is a health hazard. In America and Canada, death rates related to road traffic accidents are reportedly between 5-20 per year per 100,000 people. Australia experiences similar numbers, with China, most of Africa, the Middle East, Brazil, India, and some of Eastern Europe registering an increase in those statistics each year (if you’re wondering, the safest places to drive – by reported road deaths per 100,000 people each year – appear to be Spain, the UK, Germany, and Scandinavia. So, who’s up for buying homes in Europe?). All joking aside, car accidents can mean anything from a minor temporary hindrance to your life, to long-term health issues and ongoing care needs (see Morelli law for more info). Furthermore, if you have a child on board, your immediate attention will be drawn to their recovery. But can you claim on behalf
of your child?

Claiming for personal injury compensation on behalf of a child

The answer is yes – in the event that your child is harmed as a result of a car accident (either as a passenger, a bystander, or as a cyclist), you are able to bring a claim for personal injury compensation against a negligent third party. Remember, your claim will not only include compensation towards any pain and suffering that your child experienced, but your claim will also include the compensation towards any medical bills, travel costs associated with medical appointments, and any lost-earnings that you may have experienced as a result of taking time away from work to tend to your child’s recovery.

What if my parents/guardians didn’t claim on my behalf?

If you were injured in a road accident as a child, and if your parents did not claim personal injury compensation on your behalf, you may be able to bring a claim as an adult. Typically, you must begin your childhood-accident claim within three years of turning 18, or within three years of discovering that any physical or psychological injuries that continue to affect you in adulthood can be directly attributed to a road accident (or any other non-fault accident, for that matter) experienced as a child. In general terms, this could include issues with the shoulder (where the seatbelt may have caused a deep tissue injury) and any emotional distress caused by flashbacks of the accident (flashbacks are more common at night when trying to sleep).

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