Car Accidents Involving Children in New Mexico

Car accidents can be traumatic and devastating, especially when children are involved. The safety and well-being of your child are paramount, and understanding the legal steps and considerations following a car accident involving a child in New Mexico is crucial. Knowing how to navigate the aftermath can make a significant difference in ensuring your child receives the necessary care and support.

Understanding Car Accidents Involving Children

When a child is involved in a car accident, the immediate priority is their safety and medical care. Children are more vulnerable to injuries in accidents and even if they seem unharmed, it’s essential to have them thoroughly checked by medical professionals, as some injuries may not be immediately apparent. Click Here to learn more about What To Do if You are in an Accident.

Common Injuries in Children from Car Accidents

Children can suffer a range of injuries in car accidents, including:

  1. Head Injuries: Concussions, traumatic brain injuries, and skull fractures.

  2. Spinal Injuries: Damage to the spinal cord, which can lead to long-term disabilities.

  3. Internal Injuries: Damage to internal organs, which may require immediate surgery.

  4. Fractures and Broken Bones: Common in severe accidents, these injuries need proper medical attention and rehabilitation.

  5. Emotional Trauma: Psychological effects, such as PTSD, anxiety, and depression, which may require therapy and counseling. These effects may be more likely in children as these experiences can be traumatizing and confusing.

Legal Steps to Take After a Car Accident Involving a Child

If your child is involved in a car accident, here are the critical steps you should take:

  1. Seek Medical Attention: Ensure your child receives immediate and thorough medical evaluation and treatment.

  2. Report the Accident: Contact local law enforcement to report the accident and obtain a police report.

  3. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.

  4. Gather Witness Information: Collect contact details from any witnesses who can provide statements about the accident.

  5. Notify Your Insurance Company: Report the accident to your insurance company promptly.

Pursuing a Personal Injury Claim

When pursuing a personal injury claim on behalf of your child, it’s essential to understand the legal process and requirements. Here’s what you need to know:

  1. Statute of Limitations: In New Mexico, you typically have three years from the date of the accident to file a personal injury claim. However, if the claim involves a minor, the statute of limitations may be extended.

  2. Determining Liability: Establishing who is at fault is crucial in a personal injury claim. Collecting evidence, such as police reports, witness statements, and expert testimony, can help build your case.

  3. Damages: You can seek compensation for medical expenses, pain and suffering, emotional distress, and future medical care related to the accident.

  4. Legal Representation: An experienced personal injury attorney can help navigate the complexities of the legal process, ensuring your child's rights and best interests are protected.

Factors the Court Considers

When evaluating a personal injury claim involving a child, the court will consider several factors, including:

  • Severity of Injuries: The extent and impact of the injuries on the child's life.

  • Long-Term Effects: Potential long-term or permanent disabilities resulting from the accident.

  • Medical Expenses: Current and future medical costs, including rehabilitation and therapy.

  • Emotional Impact: The psychological and emotional effects of the accident on the child.

When to Seek Legal Help

Navigating a personal injury claim involving a child can be challenging and overwhelming. Seeking the guidance of a personal injury attorney is essential to ensure you receive fair compensation and justice for your child.

How a New Mexico Personal Injury Attorney Can Assist

If your child has been involved in a car accident, our experienced personal injury attorneys in New Mexico can provide the support and guidance you need. We can help you gather necessary evidence, file the claim, and represent you in negotiations or court proceedings to ensure your child’s best interests are at the forefront.

Contact us at (505)-337-3505, chat with an online representative, or fill out an info sheet to set up your consultation with one of our knowledgeable Albuquerque Personal Injury Attorneys. We can discuss your case, concerns, and options to see how we can help you seek justice and compensation for your child's injuries.

 

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond