Attorneys
Every year, hundreds of children in Iowa are injured in car accidents. While a child’s injuries may often be less severe than those of adults, they can be significantly more serious depending on how the crash occurred. Knowing how to respond is important to protecting your child’s health, recovery, and legal rights, both immediately and in the long term.
Seek Medical Care Immediately
If your child complains of pain or does not seem normal after a car accident, seek medical attention right away. If an ambulance was not called to the scene, take your child to the nearest emergency room as soon as possible, ideally one associated with a specialized children’s hospital.
Children can respond to injuries very differently than adults. Even similar injuries may require different evaluation and treatment. Whenever possible, have your child examined by a pediatric emergency physician. If a pediatric facility is not available, visit the closest emergency room or urgent care center without delay.
Doctor’s Orders are Important
If your child’s doctor recommends additional treatment or referral to a specialist after a car accident, it is importamt for parents or guardians to follow through. These recommendations are made to protect your child’s health and support a full recovery.
We understand how challenging it can be to balance work, your own responsibilities, and repeated medical appointments. Completing recommended care is crucial, not only for your child’s well-being, but also for properly documenting their injuries. Medical records play a major role in protecting your child’s legal rights and the potential value of an injury claim.
Don’t Ignore Ongoing Complaints
Children do not always show symptoms immediately after a car accident. If your child continues to complain of pain, discomfort, or unusual problems weeks or even months after a crash, do not ignore them, take those complaints seriously.
Some injuries and medical conditions can take time to develop or become noticeable, such as a ruptured appendix. What may seem minor at first could be a warning of a more serious issue. Delays may place your child’s health at risk.
Ongoing medical complaints should be properly documented. Consistent medical records are important when determining the extent of your child’s injuries and can influence the settlement value of an injury case.
Future medical treatment and expenses
Before settling your child’s injury claim, it is important to understand the potential cost of future medical care. Depending on the severity of the injuries, your child may require ongoing treatment, follow-up visits, therapy, or additional procedures in the future.
Estimating future medical expenses often involves meeting with treating physicians, reviewing medical records, and obtaining billing codes, etc. While some parents attempt to handle this process on their own, an experienced Iowa car accident attorney can help ensure that no long-term needs are overlooked.
Don’t Rush to Settle Your Child’s Case
Insurance companies will attempt to resolve a child’s injury claim quickly, regardless of the true nature and extent of the injuries. Agreeing to an early settlement can be a costly mistake.
Once a settlement agreement is signed, it is typically enforceable, even when the injured party is a minor. This means additional complications, future medical needs, or unexpected expenses may not be covered.
However, Iowa law provides special protections for a child’s settlement funds. Under Iowa’s Conservatorship statute, if a child’s case settles for more than $25,000, the court will review the facts and decide whether to approve the settlement. The Conservatorship process is designed to safeguard the child’s money and usually requires parents or guardians to post a bond.
There are many factors to consider, especially if the child has serious injuries and there is sufficient insurance to pay $50,000 or more. The parents or other legal guardians should consider using their own annuity company to maximize the recovery for the child and reduce costs associated with bonding and continuing to keep a Conservatorship open.
Our office handles both the personal injury and Conservatorship aspects of these cases. We have a long-standing relationship working closely with a highly reputable annuity provider and guide families through Iowa’s legal requirements to help protect and maximize the child’s recovery.
Consider Subrogation
Parents or legal guardians are responsible for a minor child’s medical expenses. When those bills are paid by health insurance, the insurance company is allowed to be paid back from the settlement proceeds. This is what is called subrogation and happens in almost every case where a child makes a full recovery.
Subrogation claims, if not properly addressed, can significantly reduce the amount of money your child receives. When a child’s damages exceed the available insurance coverage, it may be possible to negotiate a reduction of the health insurer’s reimbursement claim.
In many situations, exceptions and cost-sharing rules apply. Also, in most circumstances (self-funded ERISA plans being the exception), we can charge the health insurance company a 1/3 attorney fee and pro-rated expenses, with the proceeds going back to the child. Proper handling of subrogation can make a substantial difference in the final recovery.
Don’t Wait Too Long
The general rule is that the parents or guardians have up to 2 years from the date of the Iowa car crash to file a lawsuit for the past medical expenses and loss of consortium claims. The minor child, in most cases (medical negligence cases have shorter deadlines), has up until their 19th birthday to file a lawsuit for their injuries, lost quality of life, future medical expenses, and loss of earning capacity due to the injuries sustained in a car crash.
However, it is a mistake to wait that long to hire an attorney and file suit because a Conservatorship may need to be opened, which can take months, and there are a number of other things that need to be completed before filing suit.
Any delay can complicate the case. Critical evidence may be lost, and witnesses may become unavailable. Missing a required deadline or procedural, or not completing any step properly or in time, your child could end up with no compensation. Contacting a lawyer within 3 months of the car crash to learn your child’s rights and responsibilities helps protect your child’s interests.
Seeking Legal Assistance
If your child was injured in a car crash in Iowa, we are here to help. Seeking legal counsel from experienced Iowa car accident attorneys, such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.
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