Sometimes, despite your best efforts to keep your child safe by using an appropriate car seat or booster seat, the worst happens, and your child is injured. Even when installed and made correctly, protective seats can’t keep children from all harm in every car accident. In some instances, a child suffers harm because of carelessness related to their car seat: the seat wasn’t manufactured correctly, safety instructions weren’t clear, etc.
If your child suffered an avoidable car seat injury, it’s essential to get experienced legal representation to make sure you’re compensated for any harm that could have been prevented.
Keep reading to learn more about car seat injury laws in the United States, how to tell if you might be owed compensation for a car seat injury, and how a car seat injury lawyer can help you get vital compensation for medical bills, long-term disability, and more.
Understanding Car Seat Injuries
A car seat injury describes harm caused to a child while riding in a car seat or booster seat. These injuries typically occur when a child isn’t installed or secured properly or because of some defect in the car seat.
Common car seat injuries include:
- Bruises
- Whiplash
- Fractures
- Spinal injuries
- Internal injuries
- Skull fractures
- Strangulation
- Traumatic brain injuries (TBI)
Some common causes of car seat injuries are:
- Loose harnesses
- Improperly positioned lap and shoulder belts on booster seats
- A rear-facing car seat leaning too far back or forward
- Putting a child in a forward-facing car seat too soon
According to the National Highway Traffic Safety Administration (NHTSA), in 2022, 599 children under 13 died in traffic crashes, of which 189 were unrestrained and many others weren’t restrained properly.
NHTSA predicts that properly built and installed car seats reduce the risk of death in infants and toddlers by more than 50%, which is why it’s crucial for car seat manufacturers to carefully build, instruct, and warn parents about their products.
Why You Need a Car Seat Injury Lawyer
Car seat injury cases can be difficult to navigate and prove because the rules surrounding car and booster seat product laws, regulations, and liability are so complex. However, a car seat injury attorney knows the local and federal laws surrounding this specific topic and can use their expertise to help you get the best outcome for your case.
Car seat injury lawyers can:
- Give a fair estimate of how much a victim’s claim is worth
- Gather evidence to prove that a manufacturer, retailer, or other party was negligent
- Effectively negotiate with insurance companies and other parties for proper compensation
- Access specialized resources like child safety experts and medical professionals
- Represent their client in court
It’s always difficult to deal with legal matters, especially when your child has been harmed.
An attorney can help you navigate the legal process in many ways, including:
- Assessing your case and advising what legal course of action is best
- Explaining any legal concepts you’re unfamiliar with
- Preparing legal documents and supporting evidence
- Ensuring you adhere to legal requirements such as correctly filing documents and hitting deadlines
- Dealing with opposing parties on your behalf, in and outside of court
- Florin|Roebig has been helping clients across the United States for more than 30 years, winning an average of over $1 million per case. If you have questions about a car accident case where your child was harmed in a car seat or booster seat, don’t hesitate to reach out to our legal experts by scheduling a free case review.
Identifying Liability in Car Seat Injury Cases
Determining who is at fault in a car seat injury case can be difficult, requiring an in-depth investigation from many angles. The at-fault party may be the caregiver, driver, manufacturer, another party, or several of the above.
Fault determination may require a lawyer to:
- Inspect the accident scene/photos/video: The accident scene can help indicate who caused the accident in the first place and where the vehicle was hit.
- Inspect the car seat: A lawyer or hired expert may look for flaws or defects in the car seat’s construction. They’ll also check if that model was recalled or involved in other accident cases.
- Assess the seat’s installation and guidelines: A lawyer or hired professional will check to see if the seat was installed correctly, if guidelines were followed, and if instructions for installing the seat and safety warnings were clear.
- Consult experts: A lawyer may call in other experts like accident reconstructionists, medical experts, and child safety experts.
- Gather witness testimonies: Witnesses can help clarify what happened during the accident and whether the child was secured properly.
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The Role of Product Defects and Recalls in Car Seat Injuries
Product defects and recalls often play a central role in car seat injury case liability. If a product has a design, manufacturing, or marketing defect, the manufacturer may be at least partially responsible.
Proving that the manufacturer was aware of a defect in their product can give car seat injury victims even more grounds for compensation. One of the most common ways to prove this is through a recall—a statement issued when a manufacturer or the NHTSA determines a car seat has a safety defect.
Linking the injuries in a case to the details in a recall can help establish a connection between the two.
Investigating Negligence And Responsibility
Negligence is the failure to take proper care while doing something like operating a motor vehicle or designing a child safety car seat. Lawyers will often try to prove a manufacturer or other party was negligent and, therefore, responsible for a child’s injuries in a car seat injury case.
To do this, they’ll identify potentially responsible parties such as the manufacturer or driver, and gather as much evidence as possible to determine fault: accident reports, the car seat, expert testimony, medical records, etc.
This evidence will help the attorney build a solid case against one or more parties.
Filing a Car Seat Injury Claim
No matter where you live in the United States, filing a claim for a car seat injury generally follows the same basic steps.
- Get medical care: It’s crucial to seek medical attention immediately after an accident, especially for any children. This can reduce the child’s long-term injuries and create a record of those injuries.
- Gather evidence: Make sure you keep the car seat. Obtain a police report, take pictures and video at the scene if you can, and write down everything you remember about the accident, including dates and times.
- Seek legal advice: Reach out to a car seat injury lawyer from a reputable law firm. Most firms provide free consultations to help advise you on your next steps.
- File a claim: File a claim and any evidence with the appropriate insurance companies or other parties. Your lawyer can help you determine who these are and make sure you don’t say anything that hurts your case.
- Negotiate a settlement: Your lawyer will help you come up with a reasonable compensation amount and will negotiate with the opposing parties on your behalf.
- If necessary, file a lawsuit: If you can’t come to a settlement agreement, you may have to file a lawsuit with the proper court. Lawsuits usually settle out of court, but may go to trial, where a judge or jury will decide your case.
Necessary documentation and evidence collection may involve:
- The involved car seat
- Medical records and expenses
- An expert medical opinion
- The police report for the accident
- Photographs and videos of any injuries and the accident scene
- Car seat documentation
- Recalls and warnings
- Witness testimonies
- Expert witnesses (child safety experts, accident reconstruction specialists, etc.)
Car seat injury cases tend to be complex, often taking several months to a year or more to settle. Cases that go to trial generally take longer. Your lawyer can help guide you through the expected timeline for your case as well as any deadlines, such as the statute of limitations (how long you have from the time of the accident to file a lawsuit). The statute of limitations varies from state to state, but is generally between 2-4 years for car seat injury cases.
Types of Compensation in Car Seat Injury Cases
Compensatory damages are monetary amounts a court awards a victim to compensate them for specific losses they suffered. Settlements out of court usually outline amounts for specific losses as well.
Damages for car seat injury cases may include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Death of a loved one
Factors influencing the amount of compensation include:
- The severity of the injuries
- Medical costs
- Other economic losses
- Long-term effects on the victim
- Damage caps in the court’s jurisdiction
- Strength of the evidence
- Defendant’s level of negligence
- The defendant’s financial status or insurance policy limit
- The skill and expertise of the attorney
- Settlement vs. trial (settlements are usually lower, but quicker and less risky)
Punitive Damages
In some cases, a court may award the victim extra compensation in the form of punitive damages. Unlike compensatory damages, punitive damages exist to punish the defendant for particularly terrible acts such as gross negligence—an intentional disregard for the consequences someone’s actions cause others.
For example, a manufacturer that falsified safety testing results to get their product on the market faster and cheaper might be guilty of gross negligence.
Challenges in Car Seat Injury Cases
Some common legal challenges involved in car seat injury cases include:
- Proving a defect: Proving the car seat or booster seat had a defect, inadequate instructions, etc.
- Proving causation: A car seat injury victim must prove that the car seat defect is what directly caused the injury—not other factors like the accident, itself.
- Dealing with insurance company tactics: Many insurers will, for example, claim that the car seat was improperly installed or not used correctly to lower the compensation they owe or reject your claim entirely.
- Justifying a particular compensation amount: You must show why you’re asking for a certain amount of compensation by listing damages like lost wages, medical expenses, quantifying non-economic damages like pain and suffering, etc.
An experienced car seat injury lawyer is used to overcoming challenges like these by gathering sufficient evidence and expert testimony to back up their persuasive arguments.
Several of Florin|Roebig’s attorneys have set compensation records for various cases and in total, they have won their clients more than $1 billion thanks to their expertise and dedication to doing the work necessary to get accident victims the compensation they deserve.
Our legal experts are standing by to answer your questions and help you file a successful claim. Reach out today for a free case evaluation.
Choosing the Right Car Seat Injury Lawyer
It’s not enough to hire any lawyer to represent you, even if they’ve handled a car seat injury case before. Use the following guidelines to help you choose the right attorney for your case.
Key factors to consider when selecting a lawyer include:
- Experience and expertise: Does this attorney have experience with your particular case type, a track record of success, and experience representing clients in court?
- Reputation: Does this lawyer have positive client reviews and testimonials? If you can’t find any online, can the lawyer refer you to past clients?
- Accessibility: Is it easy to get a hold of this lawyer?
- Resources and support: Does this attorney have a strong support team behind them (paralegals, other attorneys, expert witnesses, investigators, etc.)?
- Fee structure: Is the law firm transparent about what their services cost? Are they affordable? Do they work on a contingency basis where you don’t pay unless you win?
- Location: Is this attorney local to your area? Are they familiar with local laws and court procedures? Will it be easy for you to meet them if you have to?
Questions To Ask During Initial Consultations
- How many car seat injury cases have you handled? What were the outcomes?
- What’s your general assessment of my case? What challenges might come up?
- What’s your fee structure for a case like this, and what costs should I anticipate?
- How do you communicate with clients? How often will you update me on the case?
Choosing a lawyer with experience and specialization in your case type can make a massive difference in the outcome of your case.
Frequently Asked Questions
How do I know if my child’s injury was caused by a defective car seat?
You’ll probably need to conduct an investigation to determine this, but some signs are if any part of the car seat has broken during normal use before the accident or if the car seat is on a recall list. Contact an attorney if you think your child was injured because of a defective car seat.
Can I still file a claim if I didn’t register the car seat or if I don’t have the receipt anymore?
Yes. As long as you can gather enough evidence to prove that the car seat caused your child’s injuries, you can file a successful claim.
What if the car seat was installed incorrectly? Can I still pursue a claim?
Yes. It may be harder to prove that your child was injured for reasons besides the accident and improper installation, but you may still have a case. For example, the instructions may have been unclear, confusing, or misleading.
Additional Resources and Support
Helpful resources:
- Local car and booster seat distribution and education programs
- Safe Kids Worldwide
- The Brain Injury Association of America (BIAA)
- Rehabilitation Centers
- Local support groups
- Mental health resources
- Personal injury attorneys
Websites, books, and articles on car seat injury claims:
- NHTSA: Car Seat & Booster Seat Safety, Ratings, Guidelines: https://www.nhtsa.gov/vehicle-safety/car-seats-and-booster-seats
- NHTSA Car Seat Recommendations PDF: /https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/carseat-recommendations-for-children-by-age-size.pdf
- Centers for Disease Control (CDC) Child Passenger Safety: https://www.cdc.gov/child-passenger-safety/about/index.html
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- You can call our phone number or chat 24/7
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Contact Florin|Roebig Injury Lawyers Today
Car seat injury cases can be especially devastating. Anyone whose child was harmed in an accident that could have been prevented deserves compensation and justice. Because these cases are often complex and difficult to prove, involving many potentially liable parties, it’s crucial to seek the help of a specialized car seat injury lawyer.
Florin|Roebig has legal experts standing by ready to answer questions about your case and explain your legal options. You don’t have to go through this difficult time alone. Schedule a confidential and free consultation with Florin|Roebig today.
