Personal injury if your child has been hit by a car

What to do if your child is hit by a car: Advice for parents

Safety first: Caring for your child at the accident scene

If your child has been hit by a car, your first priority is their safety. Make sure your child is away from other traffic or hazards and call 112 immediately for medical assistance. Keep your child from moving unless there is an immediate danger, to avoid aggravating any injuries. It's also important to stay calm and reassure your child. If possible, take photos of the accident scene and gather contact information for witnesses. This can be crucial for your claim later.

If your son or daughter is under 14, they are almost always entitled to compensation. We assess the damages suffered (and future damages) and claim just compensation on your behalf. Our lawyers are ready to assist you and provide comprehensive legal support, allowing you and your child to focus on recovery.

Legal steps: Who should you call after an accident?

After an accident in which your child was hit, it's essential to seek legal assistance. Our personal injury lawyers have experience with personal injury cases involving children who have been hit by cars or otherwise involved in accidents.

Legal support throughout the Netherlands

As your expert partner for personal injury claims, we serve victims nationwide. With offices in Amsterdam and Utrecht, we offer nationwide coverage and will visit you at home if necessary. Our experience in successfully claiming personal injury damages makes us a leading name in the industry.

Hardt Advocaten is proud to hold the National Personal Injury Quality Mark, a prestigious recognition that emphasizes our commitment to quality and professionalism. This quality mark, awarded by the Dutch Personal Injury Council (De Letselschade Raad), reinforces our reputation as a reliable and expert entity within the personal injury sector.

Hardt Advocaten was founded with the goal of supporting victims of personal injury and providing the best possible legal help. With our in house lawyers, we can assist you from start to end.

Your child's rights under Dutch law

Children involved in a traffic accident are recognized as "vulnerable road users" under Dutch law. This means that liability often lies with the driver of the motor vehicle, even if the child themselves committed a traffic violation. If your child is under 14, the driver is almost always fully liable, and your child is entitled to full compensation for past and future damages. These rules are intended to provide additional protection for children, given their limited road awareness and potentially unpredictable behavior.

Traffic accident between child and motor vehicle

Drivers of motor vehicles must be extra careful when children are in traffic. Children, like cyclists and pedestrians, are considered vulnerable road users. Children under 14 don't yet have fully developed traffic awareness.

Children often don't pay enough attention to other road users and are generally easily distracted. Moreover, they can't yet anticipate unexpected events or assess traffic situations effectively. Children therefore sometimes make dangerous and unexpected decisions, such as quickly running behind a car just as it's about to pull out of a parking space.

Drivers of motor vehicles should always keep this in mind. Children under 14 are therefore always fully compensated for all their injuries, even if they caused the accident themselves. If the child is older than 14, at least 50% to 100% of their injuries are generally compensated. Our lawyers will assess the damage with you and file a claim with the liable party, ensuring you receive the compensation you are entitled to.

Exception to compensation

If your child is over 14, there may be an exception that excludes them from compensation: a claim of force majeure. If a child makes a traffic error that is so unexpected that the driver could not or should not have anticipated it, a successful claim of force majeure can be made. It is up to the driver to prove this. However, in practice, force majeure is rarely accepted.

How to claim compensation after an accident in which your child was hit

The process of claiming compensation if your child has been hit by a car can be complex, but with the right legal support, it can be significantly simplified. It's important to immediately begin documenting all medical treatment and related expenses incurred after the accident. Also keep proof of indirect costs, such as travel expenses for hospital visits and any loss of income.

Our personal injury lawyers will use this information to prepare a detailed claim.

We advise you so you can make a well-informed decision and keep you informed every step of the way. We'll work with you and your child to determine what's needed for optimal recovery. Drawing on years of experience, we're committed to securing the compensation you and your child deserve.

Medical care after an accident: A necessary process

After an accident in which your child is hit, it's essential to seek immediate medical care, even if no serious injuries are initially visible. Children may have internal injuries that aren't immediately apparent. A thorough medical evaluation can reveal any hidden damage.

It's important to follow medical advice and keep appointments for follow-up examinations. Long-term medical treatments such as physical therapy may be necessary to promote full recovery. Document all medical procedures and costs, as this information is crucial for your claim.

Emotional and psychological support for your child after a collision

The emotional impact of an accident can be just as severe as the physical injuries. Children may show signs of stress, anxiety, or even post-traumatic stress disorder (PTSD) after an accident. It's important to seek professional help if you notice any changes in your child's behavior.

Psychological counseling can be an important part of the recovery process. In addition, parental support and reassurance can help them process the traumatic experience. Open communication and providing a safe environment are essential to help your child through this difficult time.

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Understanding emotional and legal damage: Shock damage and emotional damage

Shock damage for parents or carers

Shock damage refers to the psychological injury caused by directly confronting the serious consequences of an accident or by witnessing the accident itself. Dutch law recognizes the seriousness of such psychological trauma, especially when there is a close emotional bond between the victim and the witness to the accident.

The criteria for awarding shock damages are strict: there must be a severe emotional shock resulting in a recognized psychiatric illness. Our team helps parents who have undergone this traumatic experience prove that these conditions are met and obtain appropriate compensation.

Affection damage for loved ones

Affectionate damages are compensation for the grief of loved ones when a child has suffered serious and permanent injury or death in a traffic accident. This form of compensation serves as recognition of the emotional distress experienced by loved ones. Dutch law provides compensation for parents, children, and partners who share a permanent household, as well as for caregiving relationships such as foster parents or grandparents.

In some cases, siblings, stepparents, or stepchildren may also be eligible if they can demonstrate a close personal relationship with the victim. Our personal injury lawyers are ready to support families through the process of claiming emotional distress damages.

Our team is ready to help you!

Suffering personal injury? We'll help you get back on track. Contact us for a free consultation.

Hardt Advocaten: Expert legal assistance in the event of personal injury following a collision involving your child

Types of injuries if your child is hit by a car

Hardt Advocaten offers specialized assistance in a wide range of situations, from traffic accidents to workplace accidents. Our goal is to provide each client with tailored legal support, tailored to the specific circumstances of the accident. Recognizing the diverse challenges that personal injury cases present is the first step toward a targeted approach.

If your child is involved in a traffic accident, your child may be left with various complaints.

Examples of injuries include:

• Neck injury
• Whiplash
• Head injury
• Spinal cord injury
• Knee complaints
• Bone fractures
• Scars
• Mental complaints

For optimal recovery from injuries after an accident, it's crucial to initiate appropriate medical treatments promptly to prevent further or permanent damage as much as possible. Medical treatments for injuries include physiotherapy, rehabilitation programs, occupational therapy, and/or psychotherapy. Together with you, we'll determine what your child needs to recover.

Collecting evidence after a traffic accident

Collecting evidence is a critical step in claiming compensation after a car accident. Immediately after the accident, it's important to gather as much evidence as possible. This includes photos of the accident scene, your child's injuries, and any damage to personal property. It's also crucial to gather the names and contact information of witnesses who can support your version of events.

Medical reports prepared by a doctor immediately after the accident will serve as evidence of your child's injuries and are invaluable in supporting your claim. We will help you gather evidence and use it to support your claim.

Payment of compensation

Once the evidence has been gathered, the other party has been found liable, and the claim has been filed, the other party's insurer will launch an investigation into the accident, and our personal injury lawyers will discuss appropriate compensation. Depending on the complexity of the case, this process can take some time. During this period, we will keep you updated on all developments.

We advise you in making the right choices, so your child receives the compensation they are entitled to. If the outcome is unsatisfactory, we can, in consultation with you, take the case to court. In many cases, however, a settlement is reached without the need for a lawsuit.

Your options

We offer comprehensive legal support, aiming to restore the situation as much as possible to its pre-accident state. Our lawyers will do everything in their power to ensure full compensation for your injuries and the compensation you and your child are entitled to.

Want to know more? Feel free to contact us to discuss your options, free of charge and with no obligation. You can reach us by phone at 030 2690063 or through our contact form. We'll help you move forward!

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I'm very pleased with Hardt's services after my motorcycle accident. I was kept informed throughout the entire process. Thanks to their dedication, I received the fair compensation I was entitled to, even though I didn't realize I was entitled to it. I recommend Hardt to anyone who needs help with personal injury cases.

Thanks again Team Hardt.