Kansas City Car Accident Lawyer Explains What Parents Need to Know About Child Injury Cases
The phone rings on a sunny Tuesday afternoon. It's your daughter's school. An accident occurred during the carpool ride on a class field trip. You grab your keys and head straight to Children's Mercy Hospital. You can’t get there soon enough.
Our Kansas City car accident lawyers have sat with parents in emergency waiting rooms, watching those same doors swing open and shut. Some had children in minor fender-benders, while others faced life-changing collisions on the interstate. At Foster Wallace, we guide families through the days and weeks after a child's car accident injury. From helping you understand medical billing to ensuring your child gets proper follow-up care, we handle the legal details so you can focus on your child's recovery.
Common Car Accident Injuries That Affect Kansas City Children
Children’s smaller bodies and still-developing bones face unique risks in car accidents that require specialized medical attention and long-term monitoring.
Head and Brain Injuries
A bump on the head in a car crash isn't "just a concussion." A boy may seem fine after a rear-end collision, but they could struggle to focus in class a few days later. Worsening headaches may point toward a mild traumatic brain injury requiring months of cognitive therapy.
Children's developing brains are uniquely vulnerable. What looks minor at first can affect memory, concentration, and emotional regulation. Some kids struggle with schoolwork. Others develop sensitivity to light and sound that disrupts their daily routine.
Neck and Spine Injuries
"Kids are flexible - they bounce back quickly." We hear this myth often. The reality is that children's growing spines can suffer lasting damage in car crashes. They may need extensive physical therapy to regain full range of motion, even if they seemingly heal quickly.
Whiplash affects children differently than adults. Their smaller necks and developing muscles provide less protection. Even low-speed impacts can cause soft tissue damage that leads to chronic pain if not properly treated.
Broken Bones in Growing Bodies
When a 10-year-old breaks an arm, it's not like an adult fracture. Growing bones heal differently. Sometimes too quickly, sometimes too slowly. A broken femur affecting a growth plate may require multiple surgeries to ensure the leg grows evenly.
Common childhood bone fractures from car accidents include:
- Forearm breaks from bracing against impact
- Leg fractures from car seat straps or crumple zones
- Rib fractures from seat belt pressure
- Facial fractures from airbag deployment
The Hidden Dangers of Internal Injuries
Seat belts save lives, but they can also cause internal injuries in children. The force of impact against restraints sometimes damages organs or blood vessels. A five-year-old child may show no obvious injuries immediately after a crash. Hours later, though, abdominal pain could reveal internal bleeding requiring emergency surgery.
Regular medical monitoring after any accident is crucial. Internal injuries may not show immediate symptoms, so keep a keen eye out for signs like:
- Unusual tiredness or lethargy
- Stomach pain or swelling
- Difficulty breathing
- Changes in appetite or bathroom habits
Emotional Trauma
The crash itself may only last seconds, but the fear can stick around for months or years. Many children develop anxiety, jumping at sudden noises or having nightmares. Others may show regression in behavior or development. These emotional wounds are just as real as physical injuries, and they deserve just as much care and attention during the recovery process.
Child Safety Laws and Guidelines in Missouri
Kansas City parents often ask about car seat requirements. Missouri law provides clear legal guidelines, but safety best practices frequently go beyond basic compliance.
- Infants and toddlers must remain in rear-facing seats until they are at least two years old. The five-point harness must be properly adjusted, and the seat must be installed at the correct angle. Be sure to complete regular checks for proper fit as your child grows.
- Preschool and early elementary children should be secured in forward-facing seats with five-point harnesses until they’ve outgrown them.
- You can start using booster seats when your child has reached a minimum of 40 pounds or four years of age. Be sure to check for proper belt positioning across the hips and chest, re-evaluating for seat size appropriateness each year.
- Older children should stay in booster seats until they are 4'9" tall or 80 pounds. Regular seat belts must fit properly across their shoulder. Experts recommend keeping children in the back seat until age 13.
Immediate Steps After Your Child's Kansas City Car Accident
The minutes and hours after your child's car accident can be a lot to take in, but taking the right steps now can help to protect their future.
Document Everything About the Accident
Pull out your phone and take plenty of photos, including of your child's injuries, the accident scene, and all vehicle damage. Talk to the responding police officers and get their names and badge numbers. If anyone saw the crash, ask for their phone number or email. Also, jot down notes about the weather and road conditions while they're fresh in your mind.
Get a Complete Medical Evaluation
Trust your parental instincts and take your child to the nearest emergency room, even if the injuries look minor. Request a full medical exam. Some serious injuries don't show immediate symptoms. Document all medical visits, treatments, and recommendations.
Start a Daily Recovery Journal
Grab a notebook or start a notes file on your phone for a post-accident journal. Each day, write down how your child is feeling, when they take their medicines, and which doctors they see. Keep track of missed school days, too. Most importantly, note any changes in their behavior or mood, and which regular activities they can't do because of their injuries. Remember to include what teachers and caregivers tell you about changes they notice.
Maintain Organized Records
Set up a simple system to keep track of everything else. Create separate folders for medical bills, insurance letters, and school-related documents. Save every receipt for expenses related to the accident, from prescription costs to gas for doctor visits. Having everything organized will prove invaluable later when working with insurance companies or legal counsel.
Possible Compensation for Injured Children
When children have been hurt in Kansas City car accidents, their families can seek recovery of such current expenses as:
- Emergency room visits and surgery costs
- Medication expenses
- Therapy sessions, including physical therapy or counseling
- Medical equipment rentals and purchases
- Parent's lost wages due to taking time off work
Car accident claims must also account for anticipated future needs, such as:
- Ongoing medical care
- Additional surgeries
- Extended therapy
- Special education services
- Adaptive equipment
- Projected care costs
You may also seek additional compensation for the impact on the child’s quality of life. This may include:
- Physical pain and suffering
- Emotional distress
- Lost childhood experiences
- Reduced future opportunities
- Permanent limitations
- Family relationship changes
Missouri Laws Protecting Your Child's Rights After an Accident
A child's injury claim can involve unique legal protections that most parents don't know about until they need them. Working with a Kansas City car accident lawyer who regularly handles child injury cases ensures your family benefits from all available legal safeguards while building the strongest possible case for your child's future.
Extended Time to File a Claim
Unlike adult injury cases, which typically must be filed within five years, Missouri law allows a child up to five years after their 21st birthday to pursue a claim. This extended statute of limitations recognizes that some injuries don't fully reveal their impact until years later. For example, a brain injury at age seven might not significantly affect your child until they face the increased demands of high school or college.
Required Court Approval for Settlements
When you settle your child's injury case, a judge must review and approve the terms. While it might seem like red tape, this extra step serves to protect your child's interests. The court decides if the settlement amount fairly compensates your child for both current and future needs. They'll also ensure funds are appropriately protected until your child reaches adulthood.
Structured Settlements for Long-Term Security
Many families choose structured settlements, which provide regular payments over time instead of one lump sum. These arrangements can help pay for future medical care, college expenses, or other needs as your child grows up. For example, a structured settlement might provide monthly payments for medical care, larger payments for college tuition, and additional funds when your child reaches certain age milestones.
Pure Comparative Fault
Missouri's pure comparative fault system means your child can recover compensation even if someone claims they were partially responsible for their injuries. This becomes especially important in cases involving teenage passengers or young drivers. Even if your child bears some responsibility, they can still receive compensation reduced by their percentage of fault.
Parents' Rights to Additional Claims
As a parent, you have the right to seek compensation for additional expenses you've incurred from caring for your injured child. This includes:
- Lost wages from missing work for medical appointments
- Out-of-pocket medical expenses
- Travel costs for treatment
- Modifications to your home or vehicle
- Future care expenses
Special Protection of Settlement Funds
When your child receives a settlement, the court often requires the money to be placed in a protected account. Usually, parents may only access these funds under special considerations that a judge must approve. Settlement funds should be deposited in a court-approved account with regular accounting of how the funds are used. The child is granted full access when they turn 18.
Get Help From a Kansas City Attorney Who Understands
Foster Wallace has helped hundreds of Kansas City families through car accident injury cases. We understand local medical resources, know the area’s insurance adjusters, and work with top childhood injury experts.
Remember, insurance companies have lawyers protecting their interests. Your child deserves the same protection. Together, we can explore the best options to help your family move forward after your child is injured in a car accident.
