What to Do If Your Child Is in a Car Accident

Knowing what to do if your child is in a car accident is crucial to ensure they receive proper medical attention and that their legal rights are fully protected.

Injuries from both minor and severe accidents can have lasting effects, even if they aren’t visible right away. The physical and emotional toll, combined with the stress of navigating medical care and claims, can leave parents overwhelmed in the aftermath. 

Each year, more than 183,000 children are injured in motor vehicle crashes across the United States, according to the National Highway Traffic Safety Administration (NHTSA). If your child has been in an accident, it’s critical to act quickly for their well-being and case.

Prioritizing Your Child’s Health After a Car Accident

Your first priority after a car accident should be your injured child’s medical care. Even if they appear unhurt, the force of the crash can cause hidden injuries that aren’t immediately visible. In many cases, the traumatic event may trigger shock or internal damage. Parents should remain as calm as possible and wait for EMTs to assess the child before attempting to move them.

Take your child to the emergency room right away for a full medical evaluation. Follow-up visits with a doctor are important to monitor symptoms that may develop later. Children injured in a car accident don’t always show up immediately, especially young children who may struggle to describe how they feel.

 Age, communication skills, and medical history all affect how symptoms appear and progress. For parents building a personal injury case, medical records from the past and present can serve as critical documentation that supports the claim in court.

What Happens When EMTs Arrive at the Scene

When EMTs arrive after a car accident involving a child, their primary goal is to stabilize any visible or suspected injuries. Emergency medical responders are trained to assess symptoms that might not be immediately obvious, such as internal trauma or head injuries. 

If your child was in a vehicle seat or booster, they’ll check for signs of neck strain, back injuries, or other complications from the force of the collision.

Even if your child appears alert, don’t decline a trip to the emergency room. Many injured children experience delayed pain or symptoms that only show up after the emotional stress wears off. Having a doctor perform a full evaluation helps identify subtle signs of trauma that may otherwise be missed.

This extra step creates official documentation of the injury for future claims or legal proceedings. Prompt medical attention helps connect any conditions directly to the car accident, which may be essential for compensation later on. Parents should stay close, ask questions, and take note of all care provided and the injuries at the car accident scene and hospital.

What To Do After Car Accidents Involving Children

After the accident, start documenting everything related to your child’s injuries, recovery, and care. This helps your Chicago car accident attorney build a strong case if you’re seeking a settlement for medical expenses or long-term impacts.

Gather Evidence to Support Your Child’s Injury Claim

To pursue compensation on behalf of your child, it’s important to put together your evidence quickly while the details are still fresh and accessible.

• Take photos of the vehicle, crash scene, and any visible injuries.
• Collect the contact information of all drivers and witnesses.
• Request the police report from the responding officer.
• Keep detailed notes about how the accident occurred and how your child was involved.

Some injured children may need help from a licensed therapist or counselor to process the trauma of the car crash. If needed, this mental health care can be included in your claim.

All this documented evidence not only strengthens your insurance claim but also helps if you file a lawsuit in court. The more information you can provide, the better your legal team can represent your family’s interests.

Dealing With the Insurance Company After a Car Crash

When you begin the insurance claim process, the insurance company may try to settle quickly,  but not always in your favor. Their job is to protect their bottom line, not your child’s future.

• Never give a recorded statement without consulting your lawyer.
• Don’t accept a settlement that doesn’t cover future medical costs.
• Let an experienced legal team handle negotiations on your behalf.

Your child may need years of ongoing care, especially if they suffered internal bleeding, a traumatic brain injury, or lasting psychological harm. A rushed settlement may leave you with overwhelming expenses down the road.

Understanding Car Accident Settlements for Children

When a minor is injured in a vehicle collision, the legal process for settling their claim differs from that of adults. Courts in Illinois require approval of any settlement involving a child to confirm that it protects the child’s best interests. 

Factors such as age, the nature of the injuries, and long-term care needs help determine the appropriate settlement, especially when the crash results in serious injuries.

A doctor’s evaluation and ongoing treatment records help establish the scope of the injury and the impact it may have on the child’s development. If the accident involved dangerous conditions or another driver’s negligence, compensation may include:

• Emergency and future medical care
  
• Pain, suffering, and emotional trauma
  
• Therapy, special education support, or rehabilitation services
  
• Expert medical evaluations of long-term care needs
  

These settlements are critical for families navigating recovery after a traumatic car accident, and they provide a financial safety net during an already overwhelming time.

Do You Need to Replace a Child’s Car Seat After a Crash?

Even if there’s no visible damage, a car seat may not be safe to use even after minor accidents.  According to NHTSA, seats should be replaced after moderate or severe collisions due to possible internal damage.

If your child was in the seat during the accident, keep the receipt for the new car seat — its cost can be included in your settlement. Your child’s safety depends on reliable protection, and a compromised seat can’t provide that.

Legal Action if Your Child Was Killed in a Car Accident

If your child was killed in a car accident, you may be eligible to file a wrongful death lawsuit under Illinois law. 

This legal action allows parents or guardians to seek compensation for medical expenses, funeral costs, and the emotional and financial impact of the loss. While no amount of money can replace a child, filing a lawsuit may offer some measure of justice and help stabilize your family’s future.

Building a strong case often involves reviewing police reports, gathering critical evidence from the accident scene, and identifying all liable parties. In many cases, Chicago wrongful death attorneys work with investigators to show how the crash occurred and who was at fault. Illinois law sets strict time limits for filing a wrongful death claim, so acting quickly is important. 

An experienced legal team can guide you through each step and handle the paperwork while you focus on healing.

How an Attorney Can Help After a Car Accident Today

After a crash, a personal injury attorney can take over the legal side of things so you can focus on your child’s recovery. 

An experienced child injury lawyer in Chicago will investigate the accident, determine fault, and gather the medical evidence and other documentation needed to support your case. They’ll handle all communication with the insurance company, making sure you aren’t pressured into an unfair settlement. 

If necessary, they can also file a lawsuit on your behalf and represent you in court.

Why You Need Legal Help for a Child’s Car Accident Case

Cases involving minor children come with unique challenges — both legally and emotionally. In Illinois, while the statute of limitations may be extended for children, the evidence you need to build a strong case can disappear quickly. That’s why it’s important to involve an attorney as soon as possible.

You’ll need time to fully understand the scope of your child’s car accident injuries, which may include hidden issues like internal injuries, long-term pain, or emotional trauma. An experienced attorney can make sure your child’s legal rights are protected from day one, giving you space to focus on their recovery and well-being.

With the right legal support, you don’t have to carry the weight of the process alone. From gathering evidence to negotiating with insurers, your attorney will work to secure the financial recovery your family deserves.

Talk to an Experienced Car Accident Attorney About Your Child’s Case

When your child is hurt in a vehicle crash, getting trusted legal guidance can make all the difference. Our team of experienced personal injury lawyers in Chicago understands how emotional and complicated a child’s case can be.

We offer free consultations to help you understand your legal options after a car accident involving your child. You may be facing medical costs, emotional trauma, or uncertainty about replacing a damaged car seat. No matter the challenge, our team is here to provide support and guidance.

Contact us today to learn how we can support your family and help you take the next step toward protecting your child’s well-being, safety, and future.

Call (888) 424-5757 or fill out our online form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.