- Car Accidents
My Child Was in a Car Accident: What Every Georgia Parent Should Do
At Wade Law Office, we fight for injury victims across Georgia with skill, dedication, and respect. Our attorneys bring decades of trial experience to every case, whether it’s a serious car crash, catastrophic injury, or wrongful death. We take time to listen, explain your options, and guide your claim from start to finish. You pay nothing unless we win.
If my child was in a car accident, panic and confusion can take over in seconds. Parents must act quickly to protect their child’s health, legal rights, and future. The steps you take immediately after a car crash can affect medical recovery and any personal injury claim that follows.
This guide explains what to do at the accident scene, how to handle insurance companies, and how an Atlanta car accident lawyer can help your family seek fair compensation under Georgia law.
First Priorities: At the Accident Scene & Immediately After
When you realize my child was in a car accident, your first steps can make all the difference. Focus on safety, medical attention, and documentation to protect your child’s well-being and any future personal injury claim.
Stay Calm and Secure Safety
Remain calm and think clearly. Move your vehicle out of traffic if it is safe. Check for visible injuries and keep your child still until help arrives. If the vehicle is unsafe or on fire, move your child to a secure area nearby.
Call 911 and Request Medical Help
Always call 911, even after a minor accident. Tell emergency services that a child is involved so medical personnel arrive prepared. Paramedics will assess your child’s injuries and decide if transport to the emergency room is needed. Never assume your child is fine without a medical evaluation.
Check Your Child’s Condition
Look for visible injuries, bleeding, or swelling. Ask your child simple questions to check alertness and communication skills. Internal bleeding or concussion symptoms may not appear right away, so keep your child under observation. Seek medical attention immediately if anything seems wrong.
File a Police Report
A police report is critical in car accidents involving children. It creates a legal record of what happened and identifies the at-fault driver. If an officer does not arrive, Georgia law under O.C.G.A. § 40-6-273 requires drivers to report any crash that causes injury, death, or property damage exceeding $500.
Document the Accident Scene
Take photos of the vehicles, accident scene, road conditions, and any visible damage. Include your child’s car seat and its position in the vehicle. Collect witness statements, contact details, and insurance information from the other driver. These details support your personal injury claim later.
Preserve Evidence
Keep your child’s car seat, even if it looks undamaged. Many insurance companies recommend replacing car seats after any crash. Store clothing, photos, and medical records. Write down your child’s symptoms, sleep changes, and pain complaints in the days following the accident.
Contact an Atlanta Car Accident Lawyer
After the immediate crisis, contact an experienced Atlanta car accident lawyer. An attorney can help you deal with the insurance company, gather evidence, and protect your family’s rights. Early legal advice helps you avoid mistakes that could affect your child’s injury claim or your ability to seek compensation.
Medical Care & Ongoing Health Monitoring
After my child was in a car accident, medical care must be your top priority. Children may not recognize or explain pain clearly, so close monitoring is essential for both recovery and any future personal injury claim.
Seek Immediate Medical Attention
Take your child to the emergency room or a trusted pediatrician right after the crash. Even in minor accidents, internal bleeding or head injuries can go unnoticed. Tell the doctor exactly what happened and request a full evaluation. Keep every report and receipt as part of your child’s medical records.
Follow All Treatment Recommendations
If doctors recommend tests or specialist visits, complete them promptly. Attend follow-up appointments and keep a log of each visit. These medical records prove the seriousness of your child’s injuries and support your claim if the at-fault driver’s insurance company challenges your case.
Watch for Delayed Symptoms
Some injuries appear hours or days later. Watch for headaches, nausea, fatigue, confusion, or sleep pattern changes. Young children may show mood swings, loss of appetite, or fear of riding in a car. Emotional trauma is as real as physical pain and deserves professional attention.
Track All Medical Expenses
Keep records of hospital stays, prescriptions, physical therapy, counseling, and medical equipment. These costs form the base of your personal injury claim. Accurate documentation helps your Atlanta car accident attorney calculate fair compensation for your family.
Monitor Your Child’s Recovery
Observe your child’s behavior and physical condition each day. Record pain levels, mobility, and communication changes. A doctor’s input on ongoing symptoms will help show the lasting impact of the accident on your child’s well-being.
Communicate with Your Attorney
Share all medical updates with your Atlanta car accident lawyer. Early communication helps your legal team build a strong case with current evidence. Your lawyer can also coordinate with medical experts to prove negligence and show how the other driver’s actions caused your child’s injuries.
Working with Insurance Companies
After my child was in a car accident, communication with insurance companies begins quickly. How you handle these conversations affects your ability to recover full compensation for your child’s injuries and medical expenses.
Notify All Insurance Companies
Contact your insurance company soon after the accident. Report that your child was involved and provide basic facts only. Avoid giving opinions or recorded statements. The other driver’s insurance company may also reach out. Direct them to your Atlanta car accident attorney to prevent misunderstandings.
Understand Insurance Coverage
Review your insurance policy and learn what coverage applies. Medical payments coverage may help with emergency room bills or follow-up visits. Uninsured or underinsured motorist coverage can protect your family if the at-fault driver lacks enough insurance. Ask your lawyer to review the policy for hidden benefits.
Be Careful with Recorded Statements
Insurance adjusters often ask for recorded statements. They may use your words to reduce or deny your personal injury claim. Politely decline to provide a statement until you have spoken with your attorney. Your lawyer will ensure the information shared protects your child’s rights.
Keep Detailed Records
Save all correspondence, claim forms, and letters from the insurance company. Write down dates and names of everyone you speak with. Store copies of medical bills, doctor reports, and witness statements. Organized records strengthen your case if the insurer disputes your claim.
Do Not Accept Quick Settlements
Insurers may offer early settlements before your child’s condition is fully known. Accepting too soon can prevent you from claiming future costs for therapy, medical treatment, or emotional trauma. Discuss every offer with your Atlanta car accident lawyer before signing any documents.
Let an Attorney Handle Negotiations
An experienced attorney knows how to prove negligence and calculate full compensation. Your lawyer can handle calls, letters, and settlement discussions with the insurer. This protects your family from tactics that minimize payout and ensures your child receives what they deserve.
Focus on Your Child’s Well-Being
While your lawyer manages the insurance process, you can focus on your child’s recovery. Keeping your child’s health and safety as the first priority allows your family to heal while legal professionals secure the compensation your child’s injuries justify.
Legal Rights & Options in Georgia
When my child was in a car accident, parents have legal rights and responsibilities under Georgia law. Understanding how these laws protect injured children helps families make informed decisions about medical expenses, compensation, and next steps.
Who Can File a Claim for a Minor
In Georgia, minors cannot file personal injury claims on their own. A parent or legal guardian must act as the child’s representative. The court may appoint a guardian ad litem to ensure the child’s rights are protected. Any settlement for an injured minor often requires court approval to confirm it is fair and in the child’s best interest.
Time Limits to File a Claim
Under O.C.G.A. § 9-3-33, personal injury claims must be filed within two years from the date of the accident. For minors, this time limit is paused until the child turns 18, based on O.C.G.A. § 9-3-90. However, the parent’s claim for medical expenses they paid must be filed within the regular two-year period. Acting early helps preserve evidence and witness statements.
Proving Negligence in a Car Accident
To recover compensation, you must show that the other driver’s negligence caused your child’s injuries. Negligence means the driver failed to act with reasonable care, such as speeding or texting while driving. Evidence may include the police report, witness statements, medical records, and photos from the accident scene.
Understanding Comparative Negligence
Georgia follows a modified comparative negligence rule. Under O.C.G.A. § 51-12-33, if your child is found less than 50 percent at fault, you can still recover damages reduced by the child’s percentage of fault. This rule is important when insurers try to argue that your child or another party contributed to the accident.
Types of Compensation Available
Your family can seek compensation for medical expenses, therapy, pain and suffering, and emotional distress. If your child suffers long-term injuries, you may also recover costs for future care and loss of quality of life. In serious cases, damages may include disfigurement or permanent disability.
Protecting Settlement Funds for Children
Georgia law requires court oversight for settlements involving minors. The court ensures that the child’s money is properly handled and used for their benefit. Many families choose structured settlements to provide long-term financial support for medical and educational needs.
How an Atlanta Car Accident Attorney Helps
An Atlanta car accident lawyer guides parents through each legal step. Your attorney prepares evidence, negotiates with the insurance company, and files court documents when needed. Having experienced legal support helps you follow Georgia law, protect your child’s rights, and secure full compensation for your family.
Contact an Experienced Atlanta Car Accident Attorney Today!
If your child was in a car accident, you do not have to face the aftermath alone. Our team at Wade Law understands how stressful this time can be for families. We focus on protecting injured children and securing the compensation they deserve. An experienced Atlanta car accident attorney from our firm will handle insurance companies, gather evidence, and fight for your child’s best outcome.
Contact us at 770-282-1188 for a free case consultation today!
