Accidents Involving Children in Alabama

Some childhood injuries happen during regular play and heal quickly. But serious accidents that cause lasting harm to kids are rare. They can put families in truly precarious positions. If you are a family in this position, Alabama law allows you to seek fair compensation for the losses you have suffered.

A knowledgeable personal injury lawyer at Gartlan Injury Law can help families hold responsible parties accountable and seek the resources necessary for their child’s recovery.

What Are Common Child Accident Injury Cases in Alabama?

Bumps and bruises are an unavoidable part of childhood. However, some kids get hurt in ways that go beyond scraped knees and playground mishaps. Serious child injuries can stem from preventable accidents caused by unsafe premises, negligent drivers, or defective products. Common causes of child injuries in Alabama include:

• Car crashes
• Truck accidents
• Bus accidents
• Bicycle accidents
• Pedestrian accidents
• Premises liability accidents
• Swimming pool accidents
• Slip-and-falls
• Defective cribs or toys
• Dog bites
• Other animal attacks.

What Injuries Can Result from Accidents Involving a Child?

Children can suffer various types of injuries in accidents caused by other people’s carelessness. Some of these injuries heal over time, but many can affect a child’s health and development for years. The type and severity of the injury often depend on the nature of the accident and the child’s age.

Common injuries in child accident cases include:

• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Burns
• Internal injuries
• Cuts and lacerations
• Soft tissue injuries
• Dislocations
• Dental injuries
• Psychological trauma

How Are Child Accidents Different from Accidents Involving Adults?

Child injury cases in Alabama differ from those involving adults in several ways. For one, children cannot legally represent themselves, so parents or guardians must handle claims on their behalf. The long-term effects of injuries also play a larger role in these cases since children’s bodies and minds are still developing.

When considering the harm in child injury cases, lawyers and courts must consider the child’s future medical care, education needs, and the possibility of permanent disability. Insurance companies may also treat these cases differently due to the higher potential costs of lifelong care needs. These factors combined make child injury claims more sensitive and complex.

What Steps Should You Take After an Accident Involving a Child?

After any accident involving a child, parents or guardians should take several necessary steps to protect the child’s health and any potential legal claim. Prompt action can preserve key information and support the child’s recovery. Here’s what to do after a child injury accident in Alabama:

• Seek immediate medical attention for the child, even if their injuries seem minor.
• Follow the doctor’s treatment plans and attend every follow-up appointment.
• Report the incident to the property owner, school, daycare, or other responsible party.
• Collect names and contact information from any witnesses who saw the incident.
• Take photos or get video evidence of the injury, the accident scene, and anything that might have caused the injury.
• Keep copies of all medical records, bills, and accident reports.
• Avoid speaking with insurance adjusters before you review your child’s injury case with an experienced personal injury lawyer.
• Contact a personal injury attorney at Gartlan Injury Law to discuss the situation and talk through your next steps.

Who Can File an Injury Claim on Behalf of the Injured Child?

Under Alabama law, parents and legal guardians can file injury claims on behalf of children under age 19. If a child’s parents are unavailable or have a conflict of interest, the court may appoint a guardian ad litem to represent the child’s interests in an injury claim. The party that files the claim on the child’s behalf has the legal right to pursue compensation for medical bills, future care, and other losses related to the injury. In many cases, the settlement must receive court approval to confirm that it benefits the child and protects the funds from misuse.

What Compensation Can You Recover in a Child’s Personal Injury Claim?

An injury can disrupt every part of a child’s life and put severe strain on a family’s finances. Parents often miss work to care for the injured child, which can make paying for unexpected medical bills even more difficult. With a child injury claim, families can seek compensation for the costs and hardships they incur due to the injury, which might include:

• Medical expenses for emergency care and follow-up treatment
• Projected costs of future medical care or rehabilitation
• The child’s pain and suffering and lost quality of life
• Educational support or tutoring for missed school time
• Lost income for parents who miss work to care for the child
• Repair or replacement costs for property damage related to the incident.

How Will the Compensation Be Paid in a Child Injury Settlement?

Courts in Alabama often review and approve settlements involving children to make sure the payout serves the child’s best interests. Smaller settlements may be paid directly to parents to reimburse them for medical costs or other immediate expenses. Parents typically place the lawsuit proceeds in a protected account or a structured arrangement that becomes available to the child upon turning 19. Taking this route can preserve the funds for the child’s future needs, such as ongoing care or education.

What Is the Statute of Limitations for an Injury Claim Involving a Child?

Under Alabama’s statute of limitations, the standard time limit for personal injury claims is two years from the date of the injury. However, the law makes an exception for minors by “tolling” or delaying the “clock” from starting to run out until the child turns 19. A child generally has until their 21st birthday to file an injury claim.

Although the law provides this extra time, families should still act as swiftly as possible. Prompt action is necessary to preserve evidence, witness statements, and medical records, all of which can strengthen the child’s case and improve their chances of a fair recovery.

Contact an Alabama Child Injury Lawyer Near You

If your child suffered an injury because of someone’s carelessness, you deserve answers and support. That’s where Gartlan Injury Law comes in. We understand what is at stake for your family. Our team has recovered more than a million dollars in fair compensation for clients across Alabama, including one mother and her two children who suffered injuries in a serious accident. Contact us today to arrange a free consultation and learn how we can help your family.

Visit Our Alabama Child Injury Law Offices

Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.

 

Connect with me on LinkedIn