Steps to Take If Your Child Is Injured in an Accident in Louisiana

Protecting Your Little One When Accidents Strike Your Family's Action Plan

Nothing makes a parent's heart drop faster than seeing their child hurt. When your child is injured in an accident in Louisiana, knowing what steps to take right away can make a huge difference in their recovery and your family's peace of mind. From playground mishaps to car crashes, accidents involving children need special care and attention.

The moments after your child gets hurt are often filled with panic and worry. You're focused on comforting them and getting medical help. But once the initial shock passes, you might wonder about medical bills, who's responsible, and how to make sure your child gets everything they need to heal properly. This guide will walk you through the important steps to protect your child and your family after an accident.

What are the Steps to Take If Your Child Is Injured in an Accident in Louisiana?

The first few hours after your child suffers injuries can make a huge difference – both for their healing and for any money you might need to help them get better.

Get Medical Help Fast

Medical attention comes first when your child is injured in an accident. Some serious injuries, especially traumatic brain injuries or internal problems, might not show obvious signs right away but can cause big trouble later. Even if you only see minor injuries like bruises or small cuts, having a doctor check your child right away does two important things:

1. Makes sure hidden injuries get treated before they become worse

2. Creates medical records that link your child's injuries directly to the accident

Some injuries, like broken bones or spinal cord injuries, need special care right away. Don't wait – get your child to a doctor immediately after an accident.

Document Everything

While getting medical care for your child, start keeping track of everything about the accident and your child's injuries:

• Save all medical bills and receipts

• Keep notes about hospital stays and doctor visits

• Track medications and therapy sessions

• Save records of all follow-up appointments

These records help show the full cost of your child's medical expenses and will be super important if you need to file a personal injury claim to recover compensation.

Gather Evidence at the Scene

If possible, collecting evidence at the accident scene can really help your child's injury case:

• Take pictures of where the accident happened

• Photograph any visible injuries your child suffered

• Document damaged items or property

• Take photos of anything that might have caused the accident (like broken playground equipment)

• Get names and phone numbers of people who saw what happened

• If a car crash caused your child's injuries, exchange insurance information with the other driver

Be careful not to talk about whose fault the accident was while at the scene. Just focus on gathering facts and information.

Be Careful with Insurance Companies

After your child is injured, insurance companies might try to settle quickly and cheaply. They often call with settlement offers that sound good at first but don't cover all your child's medical bills or future medical expenses. These quick offers rarely consider serious injuries that might affect your child's development or cause life-altering changes.

Never accept an insurance claim settlement without talking to a personal injury attorney who understands child injury claims. When a child suffers injuries because of someone else's negligence, like a drunk driver or unsafe conditions, they deserve fair and just compensation that truly covers all their needs.

A personal injury lawyer who focuses on helping injured children knows how to calculate the real costs of your child's injuries – including future care they might need as they grow. This is especially important since Louisiana laws have special rules for cases involving a minor child.

Understanding Your Child's Rights

When your child is injured in an accident in Louisiana, they have special legal protections. Parents must file personal injury claims on their child's behalf since minors cannot represent themselves legally. Keep your child's birth certificate, social security card, and custody documents ready when seeking compensation for their injuries.

Timing is critical for injury claims in Louisiana. For accidents occurring after July 1, 2024, there's a two-year statute of limitations, but child injury cases have special provisions. The time limit doesn't begin until they reach age 18, after which they have one year to file if you haven't already done so. A personal injury attorney experienced with child injury cases can evaluate your situation and help determine fair compensation based on similar cases.

Working with a Personal Injury Lawyer

Child injury cases involve unique legal considerations that separate them from standard personal injury claims. Hiring a specialized lawyer significantly increases your chances of recovering fair compensation, as they know how to value your child's claim and counter lowball settlement offers from insurance companies. They'll handle legal paperwork and deadlines while you focus on your child's recovery from serious injuries. Additionally, these attorneys can access expert witnesses who can testify about your child's injuries, their long-term implications, and potential effects on development, strengthening your case substantially.

Determining Liability and Damages

Figuring out who's legally responsible for your child's injuries forms the foundation of any personal injury lawsuit in Louisiana. Depending on the accident, liability might fall on a negligent driver in a car crash, a company that made dangerous products, or a property owner who ignored safety hazards where children play.

Louisiana courts carefully consider who had a duty to keep your child safe and whether they failed in that duty. A recent playground case at St. George Catholic School in Baton Rouge demonstrates this complexity perfectly. The Louisiana Supreme Court reviewed a situation where one 5-year-old suffered a broken hip during a game of tag. The injured child's parents sued the school, the Diocese of Baton Rouge, and the other child's parents.

What makes this case particularly noteworthy is that although Louisiana law typically considers 5-year-olds too young to fully understand danger, the court ordered the case to continue. The parents claimed the other child had previously "twisted his fingers" while in line at school, arguing that both the school and the other child's parents should have known this posed a risk to other children. The courts needed to determine whether the injury was accidental or "on purpose," and whether both children were voluntarily playing tag.

This case highlights the multiple parties often involved in child injury claims and the careful investigation needed to determine liability. When your child suffers injuries because of someone else's negligence, compensation typically includes:

Economic damages (costs with specific dollar amounts):

• Medical bills for emergency room visits and hospital stays

• Surgical procedures, medications, and medical equipment

• Physical therapy and rehabilitation sessions

• Future medical care needed as your child grows

• Lost wages when you miss work to care for your injured child

Non-economic damages (impacts without obvious price tags):

• Physical pain and suffering your child experienced

• Emotional distress and psychological trauma

• Loss of normal childhood experiences and activities

• Compensation for permanent injuries, disfigurement, or scarring

For children with catastrophic injuries that will affect them throughout their lives, additional compensation is often appropriate. The full extent of these injuries may not be immediately apparent, which is why thorough medical documentation and expert testimony become so important in securing fair compensation that truly addresses your child's current and future needs.

Taking Quick Action After Your Child's Injury

While Louisiana law provides extended time limits for child injury claims, acting promptly offers significant advantages for both your child's health and legal case. Immediate medical attention is vital because children's bodies are developing, and untreated injuries can affect their growth. Even seemingly minor injuries might have serious consequences, particularly with traumatic brain injuries that don't immediately show symptoms.

Prompt medical care creates essential documentation connecting injuries to the accident. Following through with all recommended treatments, including physical therapy and psychological counseling, supports both recovery and your legal claim. From a legal perspective, quick action preserves crucial evidence before accident scenes change and witness memories fade. Though the statute of limitations for minors extends until they reach 18, waiting to consult an attorney rarely benefits your case.

Gathering Evidence for Your Child's Injury Claim

The strength of your child's case depends significantly on the quality. Document the accident scene thoroughly with photographs showing dangerous conditions, warning signs (or their absence), property damage, and your child's visible injuries. These visual records prove invaluable as conditions often change rapidly after accidents.

Collect witness statements from anyone who observed the accident, including both adults and children present. Their independent accounts help establish how your child's injuries occurred and who bears responsibility. Preserve physical evidence related to the accident when possible, including torn clothing, damaged playground equipment, or objects that contributed to your child's injuries.

Maintain comprehensive medical documentation, including:

• Records of all medical visits and treatments

• Documentation of medications and procedures

• Physician statements about recovery progress

• Photographs showing injury progression

A qualified child injury lawyer can help organize this evidence effectively and may engage specialists like accident reconstruction experts to strengthen your case.

Your Child's Champion The Path Forward After an Injury

Your child's wellbeing always comes first, and taking the right steps after an accident helps ensure they get the care they deserve. Burnham Law Firm understands the unique challenges families face when a child is injured in Louisiana. We know that watching your child suffer is heartbreaking, and dealing with insurance companies and paperwork only adds to your stress.

Don't face this difficult journey alone. Reach out for help and give your child the best chance to bounce back from their accident with the care and support they need.