Accidents can happen unexpectedly, and when they involve our children, the emotional toll is immeasurable. If your child has been injured in a car accident in Albuquerque, it is crucial to understand your options for seeking justice and compensation. In such challenging times, our team at the Ruhmann Law Firm is here to guide you through the legal journey. Let’s explore the options available to you and the considerations specific to child injuries in car accidents in New Mexico.
The Options You Can Pursue
If your child was injured in a car accident in Albuquerque, here are your options;
Insurance Claims and Compensation
Your first option is to pursue an insurance claim. New Mexico operates under a “fault” system, meaning the guilty driver’s insurance is responsible for covering damages. This includes medical expenses, property damage, and other related costs. An attorney can help you get through the insurance claim process, ensuring you receive fair compensation.
Filing a Personal Injury Lawsuit
If the insurance coverage falls short or the at-fault party is underinsured, you may consider filing a personal injury lawsuit. This legal recourse allows you to seek compensation for the damages suffered. A top legal mind can evaluate the circumstances and guide you on the viability of a lawsuit.
Consulting with an experienced personal injury attorney at the Ruhmann Law Firm can provide valuable insight into the strength of your case and the potential compensation you may be entitled to. In such cases, you may seek damages for medical bills, future medical expenses, pain and suffering, and any other losses incurred due to the accident.
Injuries to Children From Car Accidents in New Mexico
In car accidents, children often suffer distinct injuries compared to adults. This impacts the amount of compensation they receive. The difference is attributed to the ongoing development of children’s bodies, making them more susceptible to specific types of injuries due to their lighter weight and still-growing physical structures. Common injuries seen in car accidents involving children include:
- Head injuries: Among children involved in car accidents, especially those under one year old, head or brain injuries are frequent. Such injuries can have severe and lasting impacts on a child’s cognitive development and affect their ability to engage in school and other activities.
- Spinal cord issues: Babies and toddlers, owing to the high flexibility of their neck area, are more prone to spinal cord injuries in car accidents. This vulnerability makes this age group particularly susceptible to such injuries.
- Thoracic injuries: Children under one year old face an elevated risk of significant heart and lung injuries in motor vehicle accidents, often resulting from an impact to the chest. Fractured ribs are also a common occurrence in this age group.
- Fractures: Due to the ongoing development of children’s bones, fractures are more prevalent compared to adults. The location of the fracture, especially if it involves a growth plate, can lead to future issues concerning growth and therapy.
- Psychological trauma: The emotional aftermath of a car accident can induce persistent psychological conditions in children. These conditions may necessitate ongoing counseling or other forms of treatment to support the child’s mental well-being. Such treatment and medical attention are costly and should be compensated. We work to ensure you get the compensation you deserve.
Minors and the Statute of Limitations in New Mexico
New Mexico law acknowledges that minors are not always capable of pursuing legal action on their own. As a result, the statute of limitations for personal injury cases involving minors is different. Generally, the clock starts ticking on their 18th birthday, providing a reasonable timeframe for parents or legal guardians to initiate legal proceedings.
If your child was injured in a car accident, and they are under the age of 18, you, as a parent or legal guardian, have the right to act on their behalf. This involves making decisions about legal actions, settlements, and any negotiations that may arise.
Seek Legal Advice From Empathetic Personal Injury Lawyers
Dealing with the aftermath of a car accident involving a child requires both empathy and a strategic approach. The Ruhmann Law Firm understands the unique challenges families face in such situations and is dedicated to providing expert legal guidance. Whether pursuing insurance claims or considering a personal injury lawsuit, our experienced attorneys are here to advocate for your child’s rights and help you secure the compensation you deserve. Remember, you do not have to face this journey alone — get in touch with our team to secure the help you need today.