What to Do if a Child Is Injured in an Accident: Legal Steps and Advice

May 5, 2025

As a parent, the thought of your child being hurt in an accident can be hard to bear. Whether it’s a car crash, a mishap at school or a public place, or another unexpected event, the physical and emotional impacts can be severe. Your top priority should be focusing on your child’s recovery, which may include understanding child injury legal steps to help protect their future.

When another party’s negligence causes injury to a child, the parents may have the right to seek compensation for medical expenses and other financial needs to aid their recovery. Trying to navigate the legal process while also caring for your family can feel daunting, but having the right knowledge and assistance can improve the chances of a positive outcome.

Steps to Take After a Child Injury Accident

Immediate Actions to Protect Your Child’s Well-Being

The moments after an accident can be a chaotic and stressful blur. It’s important to act as quickly as possible to ensure that your child receives necessary medical attention and to protect their legal rights and your own as their guardian.

Here are the most important steps you can take when your child is injured:

Seek immediate medical treatment — even if the injury seems minor, unseen issues like internal bleeding or concussions could lurk below the surface.
Take photos and videos of the accident and your child’s visible injuries.
If anyone saw or recorded what happened, get their contact information, along with a written statement.
Depending on the nature of the incident, you may need to call the police, school administrators, the owners of the property, or other authorities.
Keep copies of any information that’s pertinent to your child’s accident, including medical records and bills, accident reports, and related correspondence.

While these actions can help ensure your child’s safety, they’ll also be beneficial should you decide to file a lawsuit to hold the responsible party accountable.

Understanding Your Legal Rights

Who Can File a Child Accident Lawsuit?

Since minors are unable to file lawsuits themselves, a parent or legal guardian must generally take any legal action on their behalf.

In Pennsylvania, there are specific rules that apply to personal injury claims involving children. For instance, the parents can seek compensation known as economic damages to assist with medical expenses and other financial impacts, as well as non-economic damages for effects like pain and suffering and diminished quality of life. In an exception to the state’s normal two-year statute of limitations, the parents or appointed guardians have until the child’s 18th birthday to file a claim for damages, giving them until the child turns 20 to take legal action.

Due to the unique legal considerations of personal injury cases involving minors, it’s crucial to consult an experienced attorney. Wapner Newman can ensure that you and your child get the help you need. Call us at (215) 569-0900 today to start your claim.

Compensation Available in Child Injury Claims

When a child suffers injuries in a preventable accident, their family may be able to recover compensation for the following losses:

Medical Expenses: All costs related to the child’s injuries, including hospital stays, doctor visits, physical or occupational therapy, and prescription medications
Lost Future Earnings: If your child is old enough to have a job and their injury leaves them unable to maintain employment
Disability and Disfigurement: Additional compensation when injuries result in permanent, life-altering impairments
Pain and Suffering: Non-economic damages for the trauma your child has endured because of the incident.

Dealing with the effects of an injury-causing accident is a struggle on its own, but the financial burdens it can place on the family as a whole can make the situation even worse.

Getting justice for your child after they’ve been hurt due to someone else’s negligence can feel like an uphill battle. Fortunately, you don’t have to face it alone. A skilled child personal injury attorney can be the advocate you and your child need.

Child Injury Legal Steps in Pennsylvania

What Is the Statute of Limitations?

In Pennsylvania, the statute of limitations for personal injury claims is two years from the date of the accident. For cases involving minors, however, the two-year clock doesn’t start running until the child turns 18, giving the claimants time to address the child’s condition without having to worry about carrying out various legal procedures.

Even though extra time is allotted in these cases, it’s nonetheless critical to document evidence thoroughly and act swiftly to build a strong case.

The Role of a Personal Injury Attorney

Filing a personal injury claim can make an already stressful situation feel overwhelming, especially if you’re also forced to deal with underhand tactics from insurance companies who are uninterested in your child’s best interests. A personal injury attorney can be your steadfast advocate, offering the following key services:

Investigating the accident to gather compelling evidence, engage expert witnesses, and determine who was at fault for the accident
Handling all necessary contact with insurers to negotiate a settlement offer that’s fair and fully addresses your child’s needs
Representing your family in court and pursuing just compensation if a satisfactory settlement can’t be reached.

No one should have to bear the financial burden of an injury that was someone else’s fault. With compassionate, effective legal representation, you can focus on helping your child heal while your attorney sees to the complex legal work needed to ensure success in your case.

Get the Trustworthy Legal Support You Need

What happened to your child is every parent’s worst nightmare. Fortunately, it’s possible to secure their future by taking the right legal steps. Hiring dependable legal counsel can ensure that you receive the financial and emotional support you need to move forward.

Every child injury case is unique, which is why it’s imperative to work with a skilled legal team. Wapner Newman is here to help you make things right. Contact us at (215) 569-0900 today to schedule a free consultation.