When a child is injured in a car crash, the emotional shock can be overwhelming. But as a parent, you hold specific legal rights that allow you to take action. These rights exist to help you protect your child’s well-being, recover damages, and ensure they receive proper care now and in the future. Knowing these rights gives you the ability to fight for fair compensation and navigate the legal process confidently.
Right to Make Legal Decisions for Your Child
Legally, children (minors) cannot make binding decisions or file lawsuits. That responsibility falls on the parent or legal guardian. This gives you the authority to initiate legal action on your child’s behalf. You can hire an attorney, file insurance claims, and, if needed, sue the party responsible for the crash.
In legal terms, this is called being your child’s “next friend,” a designation that allows you to act in their best interest in court proceedings.
Right to Control Medical Decisions and Treatment
After an accident, you have the right to decide what kind of medical treatment your child receives. This includes emergency care, surgical procedures, rehabilitation, and psychological support.
You also have the right to choose healthcare providers, seek second opinions, and approve or decline specific treatments. If your child needs long-term care due to serious injuries, your consent is required for future decisions related to therapy, surgeries, or specialized services.
Right to Be Compensated for Your Expenses
Even though the injury happened to your child, you are often the one paying the bills. That’s why the law allows you to recover compensation for the out-of-pocket expenses you incur. This includes hospital bills, medications, therapy, and any medical equipment needed.
Additionally, if you have to take time off work to care for your child, you may be entitled to reimbursement for lost income or related losses.
Right to Approve Settlements
If a claim is settled out of court, you must approve any proposed settlement on your child’s behalf. In most states, this isn’t a simple matter of signing a document. The court often has to review and approve the settlement to ensure it is in the best interest of the child.
You also have the right to reject a settlement if you believe the amount offered is inadequate. This ensures your child isn’t taken advantage of during the legal process.
Right to a Court Hearing in Serious Cases
If the accident caused life-altering injuries or the responsible party disputes liability, you have the right to pursue a lawsuit in court. You can request a jury trial, present evidence, call witnesses, and cross-examine the opposing party. This right allows you to hold the negligent driver accountable and seek full damages through a judicial process.
Right to Seek Future Compensation for Your Child
In cases where a child suffers permanent injuries, compensation may need to cover not just current but also future losses. You have the right to pursue damages for your child’s future medical care, loss of earning capacity, and long-term suffering.
You can work with medical experts and financial professionals to determine the estimated lifetime costs of the injury. This helps ensure your child’s needs are met long after the legal case is closed.
Right to Legal Representation
Finally, you have the right to seek legal counsel to help protect your child’s rights. An experienced personal injury attorney can guide you through the complexities of liability, insurance negotiations, and court procedures.
Legal representation is especially important when dealing with insurers who may try to minimize your claim. A lawyer can help you navigate these challenges and make sure your child’s interests come first.
Final Thoughts
When your child is hurt in a car crash, your parental rights are not just legal formalities — they are essential tools that allow you to safeguard their recovery and future. By understanding and exercising these rights, you are taking critical steps to secure the support, care, and compensation your child deserves.
