While an auto collision can potentially cause serious injuries for anyone involved, young children tend to be especially susceptible to severe physical harm in situations like this. This is especially common in accidents where young children riding in a vehicle were not strapped into a car seat in accordance with Florida state law—something that could also impact the civil recovery process for injuries suffered in that wreck.
Whatever circumstances led to a child suffering harm in a crash, recovering fairly for child injuries in a Wesley Chapel car accident can be a complicated and challenging process. If you want the best chance possible of getting a case result that protects your family’s best interests, you should work closely with a seasoned motor vehicle collision attorney from Distasio Law Firm.
In Florida, it is against the law for anyone of any age to operate or ride in a motor vehicle without wearing a safety belt. State law also recommends that children under 12 years old not ride in the front seat of any vehicle, since the deployment of airbags during an accident may end up harming them more than helping them.
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Additionally, children under six must be seated in a federally approved and crash-tested child restraint device at all times while riding in a motor vehicle. More specifically, children between zero and three years old must be either in a vehicle manufacturer’s integrated child seat or a separate carrier, while four- and five-year-olds must be seated in an integrated child seat, separate carrier, or booster seat.
When your child is not seated in an appropriately sized and approved car seat, your failure as their parent(s) or guardian(s) to follow state law could be considered “comparative fault” if that child ends up injured in a Wesley Chapel car crash. This, in turn, could make it more difficult to recover comprehensively for all the short- and long-term losses your child may have sustained in the accident.
Assuming no issues with comparative fault, a parent or guardian in Wesley Chapel may file suit over and seek civil restitution for any injuries their child sustained in a car accident caused by another person’s misconduct. Compensable losses may include:
- Costs of medical treatment
- Lost wages
- Lost future working capacity
- Physical and psychological suffering
Notably, though, there are some unique restrictions under state law on how cases like this may settle out of court, as well as how parents and guardians who recover compensation on their injured child’s behalf must manage the funds they receive until that child is old enough to take ownership of the funds themselves. A knowledgeable legal professional such as Scott Distasio could explain what to expect from this sort of litigation in more detail during a confidential consultation.
A Wesley Chapel Attorney Could Help Recover for a Child’s Car Accident Injuries
Getting in a wreck is stressful under any circumstances, but exponentially more so when your child is in the car with you when it happens. While you have the right to demand financial restitution on your child’s behalf for harm someone else caused them, making effective use of that right can be difficult without guidance from experienced legal representation.
A compassionate lawyer could provide custom-tailored guidance and support to recover effectively for your child’s injuries in a Wesley Chapel car accident. Call Distasio Law Firm today to schedule a meeting.