Your Child Was Hurt in a Santa Ana Car Accident — Now What?

A Parent’s Practical Guide to Protecting Your Child’s Rights, Health, and Future

Nobody wants to get the call that their child has been in a car accident. Whether it was walking to school, riding to a friend’s house, or darting out into traffic, hearing the word “accident” instantly scrambles your brain and likely causes your heart to sink.

All types of thoughts immediately run through your mind. Do they have any injuries? Are they in pain? Are they scared? In the days after, though, you’ll also be left with questions like these:

Will there be any long-term effects?
How will I pay for their medical care?
How can I protect their rights as a minor?
Do we need a car accident lawyer?

If your child was injured by a driver in California, then you’re likely feeling panicked and worried about their future. It’s only natural. But try not to let your emotions keep you from taking smart, deliberate steps that protect your child. This guide to helping your child after an accident will equip you with some of the tools you’ll need to move forward after the shock of the accident wears off.

Seek Medical Treatment for Your Child

Kids and teenagers have a reputation for being resilient. At a crash site, your child may walk away unscathed or appear uninjured. In the moment, it’s even more difficult to get them to express or admit to symptoms such as headaches, dizziness, fatigue, or soreness. They may be in pain but unable or unwilling to say so.

A minor’s injuries may not present immediately. Symptoms could appear or worsen in the days after the accident. Head trauma or internal bleeding, for example, may not be visible or cause any symptoms right away.

Still, your child needs immediate medical care to receive a diagnosis and immediate treatment, if necessary. If the injuries are serious (or even if they’re not), the doctor can create a medical record to document the visit and any associated treatment. This record will be an important piece of evidence if you later choose to file a personal injury lawsuit on behalf of your child.

Common Injuries Children May Experience from Car Accidents

Head injuries and concussions (even without loss of consciousness)
Whiplash and neck injuries
Seatbelt-related chest/abdominal bruising
Broken bones or fractures
Internal bleeding
Emotional trauma (PTSD, anxiety, etc.)

Head trauma, brain damage, soft tissue injuries, and bone fractures are all among the most common injuries in these types of accidents. These injuries can often require not just immediate care but follow-up treatment such as physical therapy, specialist visits, and even counseling.

Due to the nature of pediatric injuries and their possible impact on development, your child’s doctor may require a number of follow-up visits to ensure they are on the right track to recovery.

What to Do

Your first priority should be to get your child checked out. Take them to the emergency room, pediatrician, or urgent care clinic as soon as you can. Document any symptoms they are experiencing. And definitely be sure to follow up on all appointments with doctors, specialists, and therapists.

Some recommended facilities in Orange County include:

Request copies of all medical reports and evaluations, as well as any diagnostic imaging or test results. These records will be a large portion of the evidence used to prove both the extent of the injuries and the timeline of care and treatment received.

File a Police Report and Preserve Evidence

California law requires you to report any accident with injuries or deaths to law enforcement. A police report serves as an objective third-party assessment of the incident and the events that contributed to it. If you later need to file a lawsuit or submit an insurance claim, the report will serve as key documentation in support of your case.

Police reports are especially important if there are multiple parties at fault or any ambiguity over who was responsible for the accident. Insurance companies will use it to determine liability, and it will likely serve as key evidence at trial if the case goes to court.

Even if an officer was not on the scene when the accident occurred, you are required to file a report with the Santa Ana Police Department within 10 days of the accident in California. Failure to do so can severely hinder your ability to make a claim or receive any insurance payouts. To get a copy of the report, you can call the non-emergency dispatch number or visit in person. You’ll need to provide your name, address, and insurance information, as well as pay a small fee.

It’s also important to do the following:

Take photos of the accident scene, vehicles involved, and any injuries sustained
Get contact information and witness statements (if available)
Obtain the driver’s name, license plate, and insurance information
Record any applicable information from your child’s medical records and bills
Take notes on factors such as weather conditions at the time of the accident, any missing street lights or traffic signals, or nearby surveillance cameras that may have recorded the crash
Contact local businesses or government entities like schools or parks if the accident happened near their property to see if any surveillance footage is available

Don’t delete any of this evidence or throw away any physical documentation until you have consulted with a car accident lawyer.

Know Your Child’s Legal Rights

Because children cannot represent themselves in court, their personal injury lawsuit will need to be filed by their parent or legal guardian. For purposes of the suit, your child would be referred to as your “ward” or “minor child,” and you will be their “guardian ad litem” (guardian for the lawsuit). This is a necessary provision of the law to protect the child’s rights.

Courts closely scrutinize settlements, verdicts, or other outcomes in a minor’s lawsuit to protect their best interests. This is because children are not considered legally competent to understand the implications of the accident, injury, or lawsuit. In addition to looking out for your child’s well-being, courts also make sure that insurance companies, lawyers, or others do not try to make deals that are not fair or do not put your child’s future best interests first.

Potential Damages to Which Your Child May Be Entitled

There is a wide range of possible damages available to your child after an accident, such as those related to:

Medical bills (present and future)
Physical therapy and rehabilitation costs
Special education or developmental needs
Pain and suffering
Scarring or disfigurement
Diminished quality of life
Emotional distress
Parental loss of income

Because a child’s injuries can have long-lasting consequences into the future, damages awarded may include an estimate for future medical treatment or care, as well as how their life is impacted by the injury. An accident lawyer can help ensure that all relevant costs are included in any settlement.

A Note About Insurance

You may be able to file insurance claims against:

The at-fault driver’s car insurance company
Your own car insurance (in cases of uninsured or underinsured drivers)
A rideshare company (Uber or Lyft)
A third party, such as a business or property owner

Each policy will have different limits, coverage, and requirements to file a claim. That said, you’ll want to make sure you understand your rights under California law. An attorney can help identify all available insurance companies and policies that may have to pay for your child’s injuries and care.

Insurance companies have been known to delay payments, minimize the injuries, or even try to deny coverage on technicalities. Understanding your options, coverage, and rights under California law can make a big difference.

Be Wary of Early Settlement Offers

Insurance adjusters will often jump at the opportunity to settle when a child is involved in an accident. They know a parent’s instinct will be to care for their child and may offer a check to cover immediate expenses. However, by accepting this payment, the adjuster may be trying to force you to give up your right to any additional compensation.

The adjuster or insurance company is likely not offering a fair settlement amount. They may not account for your child’s future medical bills or emotional trauma. This is why working with an experienced accident attorney can ensure that the long-term impact on your child is considered.

As noted above, some symptoms and injuries may not show up for days or weeks. By accepting an early payout, you may not have any legal recourse if those symptoms appear down the line.

Emotional Injuries Can Also Be Claimed

Just because your child isn’t crying or complaining doesn’t mean they’re not injured.

Kids may show physical injuries immediately, but internal injuries or emotional trauma could appear or worsen in the days after the crash. Head trauma, internal bleeding, or soft tissue injuries, for example, can take time before they become noticeable or worsen.

Watch for signs that your child’s injuries may not be all physical, including:

Nightmares or difficulty sleeping
Fear of riding in cars
Withdrawn from family and friends
Trouble concentrating or paying attention in school
Regression in other behaviors (thumb-sucking, bedwetting, etc.)

A lawyer can include the cost of the following in a claim:

Psychotherapy and counseling
Special accommodations at school
Medication or other treatment plans
Psychological assessments

A skilled attorney can work with your child’s doctors and therapists to both document their emotional injuries as well as project what treatments may be necessary in the future.

Don’t hesitate to pursue compensation for your child’s emotional injuries. These problems can take just as long as a bone fracture to heal, if not longer.

Act Fast — Time is of the Essence

California’s statute of limitations (a legal deadline for when a lawsuit must be filed) on personal injury claims is two (2) years from the date of injury. There are some exceptions, such as if a government agency is at fault, in which case you have six (6) months or less to file a claim.

While the statute of limitations for minors does not begin until they turn 18, any medical bills, evidence gathering, or other insurance negotiations should still be initiated as soon as possible.

What to Do Now

If your child has been in a car accident in Santa Ana or elsewhere in California, these are the actions you should take as soon as you can:

Get medical care
Create an accident file
Avoid (or, at the very least, delay) posting to social media
Call a Santa Ana car accident lawyer

Even if you’re not sure if you want a lawyer, most car accident attorneys offer free consultations. This means you can get legal advice specific to your situation without any risk or obligation on your part. Get help now and don’t delay in taking action to protect your child.

Your Child Deserves Justice—and So Do You

Your child did nothing to cause the accident. You shouldn’t have to pay the price, though.

No one deserves to deal with the aftermath of a car accident with their child. ER visits, co-pays, out-of-work days, stress, or sleepless nights aren’t what you signed up for. Your child is hurt, and you’re doing the best you can to take care of them.Let skilled car accident attorneys do the heavy lifting. Attorneys are here to help you and your child recover after a car accident. Our team has helped families across Santa Ana and Orange County with car accidents involving children, and we’ll fight for your family so you can focus on what’s important: your child’s recovery.

We’re here to guide you through the process. No matter how emotionally difficult or legally complex your child’s accident is, we’ll be with you at every step. From gathering records and filing a claim to negotiations with insurance companies and protecting your child’s future, we’ve got you covered. Contact our office today for immediate assistance.