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        Bridgeport, CT 06606

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        Danbury, CT 06810

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        Hartford, CT 06105

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        Norwalk, CT 06851

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        Norwich, CT 06360

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        Stamford, CT 06905

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        Waterbury, CT 06708

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        Louisville, KY 40202

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        Fall River, MA 02720

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        Haverhill, MA 01835

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        34 Welby Rd #207

        New Bedford, MA 02745

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        Springfield, MA 01103

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        Worcester, MA 01606

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        Bayonne, NJ 07002

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        217 US-130

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        Camden, NJ 08102

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        Elizabeth, NJ 07208

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        850 Bear Tavern Rd Suite 106

        Ewing, NJ 08628

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        Irvington, NJ 07111

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        840 Bergen Ave Second Floor

        Jersey City, NJ 07306

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        Montclair, NJ 07043

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        Morristown, NJ 07960

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        46 Bayard St Suite 216

        New Brunswick, NJ 08901

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        41-43 Manufacturers Pl

        Newark, NJ 07105

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        115 West Century Road Suite #330

        Paramus, NJ 07054

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        14 Walsh Dr Suite 200 Room 7

        Parsippany, NJ 07054

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        847 Main St

        Paterson, NJ 07503

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        111 Washington St, Suite 111

        Paterson, NJ 07505

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        65 East Route 4

        River Edge, NJ 07661

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        25 Main Street Suite C

        Toms River, NJ 08753

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        64 Washington Street

        Toms River, NJ 08753

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        Vineland, NJ 08361

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        123 Green St #6

        Woodbridge, NJ 07095

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        Albany, NY 12205

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        34 Chenango St. Suite 410.

        Binghamton, NY 13904

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        111 Bruckner Blvd, Suite 301

        Bronx, NY 10454

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        Bronx, NY 10472

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        6400 18th Ave Second Floor

        Brooklyn, NY 11204

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        300 Main St #8

        Buffalo, NY 14202

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        227 W Water St

        Elmira, NY 14901

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        90-25 Elmhurst Ave #C-1500

        Flushing, NY 11372

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        60 Hempstead Ave #6002

        West Hempstead, NY 11552

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        215 East Main Street, Suite 203

        Huntington, NY 11743

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        55 Carleton Ave # 1

        East Islip, NY 11730

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        9-20 35th Ave #2E10

        Long Island City, NY 11106

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        720 Route 17K

        Middletown, NY 10940

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        6 Gramatan Ave, Suite 604E

        Mount Vernon, NY 10550

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        398 North Ave. Suite 210

        New Rochelle, NY 10801

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        11 Broadway Suite 615

        New York, NY 10022

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        40 W 37th St #400b

        New York, NY 10018

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        259 NY-17K #203

        Newburgh, NY 12550

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        110-20 Jamaica Avenue, Suite 2H

        Queens, NY 11418

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        887 Old County Rd #K

        Riverhead, NY 11901

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        1765 Mount Hope Avenue

        Rochester, NY 14620

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        26 Broadway Suite 206

        Schenectady, NY 12305

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        2071 Clove Rd Suite 202

        Staten Island, NY 10304

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        Syracuse, NY 13204

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        219 S West St Suite 205

        Syracuse, NY 13202

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        1160 Mc Quade Ave

        Utica, NY 13501

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        502 Court St. Suite 210

        Utica, NY 13502

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        151 E Post Rd Suite 103

        White Plains, NY 10601

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        94 School Street Second Floor Suite # 3

        Yonkers, NY 10701

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        Cleveland, OH 44102

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        585 S Front St. #230

        Columbus, OH 43215

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        3037 Pike Ave

        Allentown, PA 18104

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        1216 11th Ave

        Altoona, PA 16601

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        3005 Brodhead Rd Suite 101

        Bethlehem, PA 18020

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        1733 Washington Blvd

        Easton, PA 18042

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        3800 W 12th St. Suite 6

        Erie, PA 16505

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        415 Market St. Suite# 204A

        Harrisburg, PA 17101

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        3543 Marietta Ave. Unit H2

        Lancaster, PA 17601

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        100 W Main St. Suite 502

        Lansdale, PA 19446

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        4 Keystone Ct Suite# 40

        Leola, PA 17540

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        110 S 20th St

        Philadelphia, PA 19103

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        5001 Baum Blvd Suite # 795

        Pittsburgh, PA 15213

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        243 S 5th St

        Reading, PA 19602

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        3020 Penn Ave

        Reading, PA 19609

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        1150 S Main Ave #210

        Scranton, PA 18504

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        8600 West Chester Pike #100

        Upper Darby Township, PA 19082

    • Vermont
      • Rutland Office

        734 US-4

        Rutland, VT 05701

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    • Connecticut
      • Bridgeport Office

        2320 Main St. Suite 2B

        Bridgeport, CT 06606

      • Danbury Office

        51 Sugar Hollow Rd #202a

        Danbury, CT 06810

      • Hartford Office

        609 Farmington Ave #LL1

        Hartford, CT 06105

      • Milford Office

        63 Cherry Street, Second Floor

        Milford, CT 06460

      • New Haven Office

        240 Bradley St

        New Haven, CT 06510

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        161 East Ave #208

        Norwalk, CT 06851

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        315 W Main St. Suite 5

        Norwich, CT 06360

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        500 Newfield Ave #12c

        Stamford, CT 06905

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        1068 W Main St, Suite 6

        Waterbury, CT 06708

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        1127 W Main St

        Waterbury, CT 06708

    • Florida
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        6316 San Juan Ave #15

        Jacksonville, FL 32210

      • Pinellas Park Office

        7381 114th Ave #403c

        Pinellas Park, FL 33782

    • Kentucky
      • Louisville Office

        501 East Broadway Suite 380

        Louisville, KY 40202

    • Massachusetts
      • Boston Office

        15 Court Square #560

        Boston, MA 02108

      • Fall River Office

        36 Fifth St. Suite 14

        Fall River, MA 02720

      • Haverhill Office

        378 S Main St #5

        Haverhill, MA 01835

      • New Bedford Office

        34 Welby Rd #207

        New Bedford, MA 02745

      • Springfield Office

        235 Chestnut St., Unit 9

        Springfield, MA 01103

      • Worcester Office

        67 Millbrook St., Suite 421

        Worcester, MA 01606

    • New Jersey
      • Asbury Park Office

        603 Mattison Ave. Suite 322

        Asbury Park, NJ 07712

      • Atlantic City Office

        1125 Atlantic Ave #511

        Atlantic City, NJ 08401

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        654 Avenue C #204

        Bayonne, NJ 07002

      • Bordentown Office

        217 US-130

        Bordentown, NJ 08505

      • Brick Office

        522 Brick Blvd #203-3

        Brick Township, NJ 08723

      • Camden Office

        808 Market St Third floor

        Camden, NJ 08102

      • Cherry Hill Office

        102 Browning Ln #5

        Cherry Hill, NJ 08003

      • Clifton Office

        85 Central Ave

        Clifton, NJ 07011

      • Edison Office

        1090 King Georges Post Road Suite 103

        Edison, NJ 08837

      • Elizabeth Office

        333 N Broad St #206

        Elizabeth, NJ 07208

      • Ewing Office

        850 Bear Tavern Rd Suite 106

        Ewing, NJ 08628

      • Irvington Office

        40 Union Ave #402

        Irvington, NJ 07111

      • Jersey City Office

        840 Bergen Ave Second Floor

        Jersey City, NJ 07306

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        288 Main Street 2nd Floor

        Millburn, NJ 07041

      • Montclair Office

        248 Lorraine Ave

        Montclair, NJ 07043

      • Morristown Office

        914 Mt Kemble Ave #304

        Morristown, NJ 07960

      • New Brunswick Office

        46 Bayard St Suite 216

        New Brunswick, NJ 08901

      • Newark Office

        41-43 Manufacturers Pl

        Newark, NJ 07105

      • Paramus Office

        115 West Century Road Suite #330

        Paramus, NJ 07054

      • Parsippany Office

        14 Walsh Dr Suite 200 Room 7

        Parsippany, NJ 07054

      • Paterson Office

        847 Main St

        Paterson, NJ 07503

      • Paterson Office

        111 Washington St, Suite 111

        Paterson, NJ 07505

      • River Edge Office

        65 East Route 4

        River Edge, NJ 07661

      • Toms River Office

        25 Main Street Suite C

        Toms River, NJ 08753

      • Toms River Office

        64 Washington Street

        Toms River, NJ 08753

      • Trenton Office

        1331 Chambers Street

        Trenton, NJ 08610

      • Vineland Office

        1667 E Landis Ave suite 14

        Vineland, NJ 08361

      • Woodbridge Office

        123 Green St #6

        Woodbridge, NJ 07095

    • New York
      • Albany Office

        21 Everett Rd Ext

        Albany, NY 12205

      • Binghamton Office

        34 Chenango St. Suite 410.

        Binghamton, NY 13904

      • Bronx Office

        111 Bruckner Blvd, Suite 301

        Bronx, NY 10454

      • Bronx Office

        1755 Watson Ave Suite 355

        Bronx, NY 10472

      • Brooklyn Office

        6400 18th Ave Second Floor

        Brooklyn, NY 11204

      • Buffalo Office

        300 Main St #8

        Buffalo, NY 14202

      • Elmira Office

        227 W Water St

        Elmira, NY 14901

      • Flushing Office

        90-25 Elmhurst Ave #C-1500

        Flushing, NY 11372

      • Hempstead Office

        60 Hempstead Ave #6002

        West Hempstead, NY 11552

      • Huntington Office

        215 East Main Street, Suite 203

        Huntington, NY 11743

      • Islip Office

        55 Carleton Ave # 1

        East Islip, NY 11730

      • Long Island City Office

        9-20 35th Ave #2E10

        Long Island City, NY 11106

      • Middletown Office

        720 Route 17K

        Middletown, NY 10940

      • Mount Vernon Office

        6 Gramatan Ave, Suite 604E

        Mount Vernon, NY 10550

      • New Rochelle Office

        398 North Ave. Suite 210

        New Rochelle, NY 10801

      • New York Office

        11 Broadway Suite 615

        New York, NY 10022

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        40 W 37th St #400b

        New York, NY 10018

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        259 NY-17K #203

        Newburgh, NY 12550

      • Queens Office

        110-20 Jamaica Avenue, Suite 2H

        Queens, NY 11418

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        887 Old County Rd #K

        Riverhead, NY 11901

      • Rochester Office

        1765 Mount Hope Avenue

        Rochester, NY 14620

      • Schenectady Office

        26 Broadway Suite 206

        Schenectady, NY 12305

      • Staten Island Office

        2071 Clove Rd Suite 202

        Staten Island, NY 10304

      • Syracuse Office

        1224 W Genesee St. Suite 201

        Syracuse, NY 13204

      • Syracuse Office

        219 S West St Suite 205

        Syracuse, NY 13202

      • Utica Office

        1160 Mc Quade Ave

        Utica, NY 13501

      • Utica Office

        502 Court St. Suite 210

        Utica, NY 13502

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        151 E Post Rd Suite 103

        White Plains, NY 10601

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        94 School Street Second Floor Suite # 3

        Yonkers, NY 10701

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        9605 Lorain Ave

        Cleveland, OH 44102

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        585 S Front St. #230

        Columbus, OH 43215

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      • Allentown Office

        3037 Pike Ave

        Allentown, PA 18104

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        1216 11th Ave

        Altoona, PA 16601

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        3005 Brodhead Rd Suite 101

        Bethlehem, PA 18020

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        1733 Washington Blvd

        Easton, PA 18042

      • Erie Office

        3800 W 12th St. Suite 6

        Erie, PA 16505

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        415 Market St. Suite# 204A

        Harrisburg, PA 17101

      • Lancaster Office

        3543 Marietta Ave. Unit H2

        Lancaster, PA 17601

      • Lansdale Office

        100 W Main St. Suite 502

        Lansdale, PA 19446

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        4 Keystone Ct Suite# 40

        Leola, PA 17540

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        110 S 20th St

        Philadelphia, PA 19103

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        5001 Baum Blvd Suite # 795

        Pittsburgh, PA 15213

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        243 S 5th St

        Reading, PA 19602

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        3020 Penn Ave

        Reading, PA 19609

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        1150 S Main Ave #210

        Scranton, PA 18504

      • Upper Darby Office

        8600 West Chester Pike #100

        Upper Darby Township, PA 19082

    • Vermont
      • Rutland Office

        734 US-4

        Rutland, VT 05701

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Consultation

Navigating Car Accident Lawsuits For Children in Vermont

If your child was hurt in a Vermont car accident, learn your rights. Our guide helps you navigate a lawsuit and secure the care your child deserves.

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  1. News
  2. Vermont
  3. Navigating Car Accident Lawsuits For Children in Vermont

When a car accident shatters your sense of security, the fear and worry are magnified tenfold when your child is in the back seat. In those first terrifying moments and the confusing days that follow, your focus is entirely on their well-being. The thought of dealing with insurance claims and legal questions can be overwhelming, yet ensuring your child is fully cared for—both medically and financially—is the most pressing need. For families across Vermont, understanding your rights is the first step toward regaining control after a collision. You are not just a parent; you are your child’s strongest advocate, and you don’t have to face this journey alone.

The reality is that children are uniquely vulnerable on our roads. While specific, localized 2024 or 2025 data is often compiled in annual reports, national statistics from the National Highway Traffic Safety Administration (NHTSA) consistently show that thousands of children are injured in crashes each year. These aren't just numbers; they represent families thrust into crisis. A car accident lawsuit for children isn't about retribution; it's about securing the resources for your child's complete recovery, covering everything from immediate medical bills to potential long-term care or therapy. This article is designed to provide clear guidance on navigating a car accident lawsuit in Vermont, empowering you with the knowledge to make the best decisions for your child’s future.

The Immediate Aftermath of a Car Accident: Prioritizing Your Child's Health and Legal Standing

In the moments following a car accident, a parent's primary focus is undoubtedly their child's health. Seeking immediate medical attention is paramount, even if injuries are not immediately apparent. Some serious conditions, such as internal injuries or concussions, may have delayed symptoms. A thorough medical evaluation not only ensures your child receives the necessary care but also creates a vital record that will be instrumental in a potential car accident lawsuit.

Beyond the immediate medical needs, the steps you take at the scene and in the days following can significantly impact a future claim. If you are able, document the scene by taking photographs of the vehicles, road conditions, and any visible injuries. Exchange information with the other driver(s) and gather contact details from any witnesses. It is important to report the accident to the police and obtain a copy of the official report.

Communicating with Insurance Companies

You will likely be contacted by insurance adjusters, both from your own provider and the other driver's. It is important to be cautious in these conversations. Provide factual information about the accident but avoid speculating on fault or the extent of your child's injuries. An insurance adjuster's goal is to minimize the company's payout, and any statements you make can be used to devalue your claim later. It is often advisable to consult with an experienced personal injury attorney before providing a recorded statement or accepting any initial settlement offers.

Understanding Negligence in a Vermont Car Accident Lawsuit

At the heart of any successful car accident lawsuit for children is the ability to prove that another party's negligence caused the accident and, consequently, your child's injuries. Negligence, in legal terms, means that a person failed to exercise a reasonable level of care, leading to harm. Common examples of driver negligence include

  • Distracted driving, such as texting or talking on the phone
  • Speeding or driving too fast for road conditions
  • Driving under the influence of alcohol or drugs
  • Failing to yield the right-of-way
  • Disregarding traffic signals or signs

To build a strong case, your attorney will work to gather evidence that substantiates the other driver's negligence. This can include the police report, witness testimony, traffic camera footage, and even expert analysis of the accident scene.

Vermont's Comparative Negligence Rule

Vermont follows a modified comparative negligence rule, which allows injured parties to recover damages as long as they are not found to be more than 50% at fault for the accident. The court assigns a percentage of fault to each party, and any compensation awarded is reduced by that percentage. For example, if you’re awarded $100,000 in damages but are found 20% at fault, your recovery would be reduced to $80,000. In cases involving minors, this rule typically only applies if the child was old enough to be driving and potentially contributed to the accident. Younger children—especially those who were passengers at the time—are generally not assigned any fault under the law. An experienced attorney will work to ensure that fault is accurately assigned and that your child's potential recovery is protected and maximized.

Who Can File a Car Accident Lawsuit for a Child in Vermont?

Since minors do not have the legal capacity to file lawsuits on their own behalf, a parent, legal guardian, or court-appointed representative must initiate the legal proceedings. This individual is responsible for making decisions about the case in the child's best interests, including whether to accept a settlement or proceed to trial. The compensation recovered in the lawsuit belongs to the child, though it is managed by the parent or guardian until the child reaches the age of majority.

The Statute of Limitations for Minors in Vermont

Every state has a statute of limitations, which is a legal deadline for filing a lawsuit. In Vermont, the standard statute of limitations for personal injury claims is three years from the date of the injury. However, for minors, this deadline is often extended. The three-year clock typically does not begin to run until the child's 18th birthday. This means that a person injured as a child in a car accident generally has until their 21st birthday to file a lawsuit. While this extended timeframe provides flexibility, it is almost always advantageous to initiate the legal process much sooner. Over time, evidence can be lost, witnesses' memories can fade, and it can become more challenging to build a strong case.

Calculating Damages in a Car Accident Lawsuit for Children

Determining the appropriate amount of compensation in a car accident lawsuit for children involves a thorough assessment of both economic and non-economic damages. The goal is to secure a financial recovery that not only covers current expenses but also provides for the child's future needs.

Economic Damages

Economic damages are the tangible, calculable financial losses resulting from the accident. These can include:

  • Medical Expenses: This encompasses all costs related to your child's medical care, including emergency room visits, hospital stays, surgeries, medications, and physical therapy. It also includes anticipated future medical expenses, which can be substantial if the child has suffered a long-term or permanent injury.
  • Lost Future Earning Capacity: If the child's injuries are severe enough to impact their ability to work and earn a living in the future, a claim for lost earning capacity may be made. This is a complex calculation that often requires the input of economic and vocational experts.
  • Educational Support: A serious injury may necessitate special educational resources, such as tutoring or assistive technology. These costs can be included in the damages claim.

Non-Economic Damages

Non-economic damages are more subjective and are intended to compensate for the non-monetary losses the child has endured. These can be particularly significant in cases involving children, as the emotional and psychological impact of a traumatic event can be profound. Non-economic damages may include:

  • Pain and Suffering: This compensates the child for the physical pain and emotional distress they have experienced as a result of their injuries.
  • Emotional Distress: Children who have been in a car accident may experience anxiety, fear, and post-traumatic stress disorder (PTSD).
  • Loss of Enjoyment of Life: A child's injuries may prevent them from participating in activities they once enjoyed, such as sports, hobbies, or simply playing with friends.

Because it can be difficult to place a monetary value on these types of damages, the assistance of a skilled personal injury attorney is invaluable.

The Settlement Process in a Vermont Car Accident Lawsuit for a Child

The vast majority of personal injury cases, including those involving children, are resolved through a settlement rather than a trial. A settlement is a negotiated agreement between the parties to resolve the case for a specific amount of money. However, when a minor is involved, the settlement process has an additional layer of protection.

In Vermont, any settlement for a minor's personal injury claim must be approved by the court. This is to ensure that the settlement is fair and in the child's best interests. A judge will review the terms of the settlement, including the amount of compensation and how the funds will be managed.

Managing Settlement Funds

The settlement funds awarded to a child are typically placed in a protected account, such as a structured settlement annuity or a trust. This ensures that the money is preserved for the child's future needs and is not accessible until they reach the age of 18 or, in some cases, a later age specified in the settlement agreement. This court oversight provides a critical safeguard for the child's financial future.

Choosing the Right Attorney for Your Child's Car Accident Lawsuit in Vermont

When your child's well-being is at stake, it is essential to have a dedicated and experienced legal advocate on your side. Look for an attorney who has a proven track record of handling personal injury cases involving children. They should have a deep understanding of Vermont's laws and procedures and be able to navigate the complexities of your case with skill and compassion.

An experienced attorney will handle all aspects of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and, if necessary, representing your child in court. This allows you to focus on what is most important—your child's recovery.

The aftermath of a car accident can be an overwhelming and uncertain time for any family. By understanding the legal process and securing experienced legal representation, you can take a significant step toward protecting your child's rights and ensuring they have the resources they need to heal and thrive.

Need Legal Help? Call Brandon J. Broderick Today

If your child has been injured in a car accident in Vermont, you do not have to navigate the legal system alone. At Brandon J. Broderick, Attorney at Law, we are committed to advocating for the rights of injured children and their families. We understand the unique challenges of these cases and will work tirelessly to secure the compensation your child deserves.

Contact us today for a free, no-obligation consultation to discuss your case.


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At Brandon J. Broderick, Personal Injury Attorney At Law, we are devoted to helping injured individuals and their family members
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