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Are Car Accident Claims in Oklahoma Different for Children?
When it comes to making a personal injury claim for a child involved in a car
accident, the child usually has the same right to compensation as an adult. They
can seek damages for medical expenses, loss of ability to earn an income, and pain
and suffering. In certain situations, they can also seek punitive damages.
However, there are some key differences between car accident claims for adults
and those for children.
Firstly, minors cannot file their own personal injury claim. Instead, their parents or
guardian must do so on their behalf. Alternatively, a child can wait until they reach
the age of majority (usually 18 years of age) to file their own claim.
There are also different procedural requirements for personal injury claims
involving children. For example, in many jurisdictions, a judge must review and
approve the settlement agreement.
Injuries to Children from Car Accidents in Oklahoma
The types of injuries commonly sustained by children in car accidents also differ
from adults, which can impact the level of compensation they receive. As children's
bodies are still developing, they are more prone to certain types of injuries.
Common injuries in car accident cases involving children include those to the head
or brain, spinal cord, and thoracic areas, as well as fractures and psychological
trauma.
Head or Brain Injuries
Head or brain injuries are one of the most common injuries sustained by children in
car accidents, especially in children under one. Injuries of this nature can have
serious, long-lasting impacts on a child’s cognitive development and their ability to
participate in school and other activities.
Spinal Cord Injuries
Especially in babies and toddlers, the neck area is highly flexible. This makes the
latter age group more susceptible to spinal cord injuries as a result of a car
accident.
Thoracic Injuries
In motor vehicle accidents, children under the age of one year have a higher chance
of sustaining significant injuries to their heart and lungs as a result of a blow to the
chest. Fractured ribs are another common injury.
Fractures
Given children’s bones are still developing, they are more prone to fractures than
adults. Depending on the location of the fracture, like a growth plate, there can be
future issues in terms of growth and therapy.
Psychological Trauma
The trauma of a car accident can lead to ongoing psychological conditions in
children, such as anxiety. These can require ongoing counseling or other
treatment.
Any car accident has the potential to be traumatizing, but those that involve
children can be particularly devastating. Children are more susceptible to serious
and long-term injuries. Younger children specifically are not yet fully developed and
thus less protected against the impact they sustain in auto accidents. For this
reason, it is critical to get fair and just compensation when a car accident involves
children in Oklahoma. Physical injuries that may take years to heal and mental
health issues that may take even longer to solve deserve to be properly considered
in any kind of settlement or jury verdict.
Contact a Car Accident Lawyer in Tulsa Today
Auto accidents involving children should be addressed with special consideration.
Their injuries may require more medical attention. At Charles Bryan Alred, PC, our
auto accident attorney will closely review and investigate the circumstances around
your car accident to help ensure you get fair and just compensation. Contact us
either via our online form or by calling us today at 918-745-9960 to schedule a Free
Consultation.
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