Can I Sue for Child Care Costs After a Car Accident?

You can usually sue the person who caused your injuries in a car accident for the reasonable and necessary expenses you incurred because of the wreck. If you incur extra child care costs as a result of your injuries, you might be able to collect that expense, but you need to be aware that child care costs are not standard damages after a car accident.

Your situation must be out of the ordinary for you to recover child care costs. If you already pay for child care, you will not be able to recover those expenses after a car accident.

Here are some situations in which you might be able to get compensation for child care costs after a wreck. Each scenario assumes that you have very young children, no spouse or significant other whose work schedule allows him or her to take care of the children, and no nearby family members or friends who could take care of your children for you.

  • You already pay for part-time child care, but you had to pay for full-time child care after the crash because your injuries made you unable to take care of your children.
  • You had to pay for round-the-clock child care because you had to stay in the hospital after the wreck.
  • You are a stay-at-home parent who provided all the child care for your children before the collision, and you had to pay for child care while you recuperated from your injuries and medical procedures.

What We Have to Prove to Make Someone Pay Your Damages

Georgia law requires that we establish four factors before we can hold someone responsible for your losses from a car accident. These elements are:

Duty of care. All drivers must operate their vehicles with caution, keep a proper lookout, and obey the rules of the road.

Breach of the duty of care. If another driver failed to meet the standard of the duty of care, he is negligent. Let’s say that the other driver ran a red light because he was texting while driving. Both acts, texting while at the wheel and running a red light, are negligence.

Causation. The other driver’s negligence must be the thing that caused the wreck. If the driver t-boned your car because of his negligence, the facts satisfy the requirement of causation.

Damages. The negligence must cause both the wreck and your injuries. If you got physically hurt when the inattentive driver crashed into your car, you have damages, and he will have to pay for them.

In this example, the negligent driver might have to pay for your child care costs if:

  • His carelessness caused the wreck, and
  • His negligence caused your physical injuries, and
  • Your physical injuries render you unable to take care of your young children, and
  • You do not have an appropriate adult nearby who could help with the children, and
  • Your resulting child care costs are reasonable and necessary.

Typical Damages from a Car Accident

Regardless of whether you can recover child care costs, once you establish liability, depending on the facts of your case, you can seek compensation for these more common damages after a car accident:

Medical expenses. Any reasonable bills you have for the treatment you needed because of the wreck can be compensable. Some examples are the ambulance, emergency room, hospitalization, diagnostic laboratory work and imaging (like x-rays and CAT scans), prescription drugs, surgery, physical therapy, and equipment like crutches or a wheelchair.

Lost wages. This category includes income you missed out on because of the collision, including wages, salary, and self-employment.

Diminished earning capacity. These damages address the situation in which you cannot earn as much money after the accident as you did before. If you have permanent impairment from the wreck that causes you to work fewer hours or take a lower-paying job, the at-fault driver can be liable for your loss. For example, if you worked a high-paying skilled construction worker job but you can no longer lift heavy objects, you might have to work a job that pays less.

Long-term care. In the case of catastrophic injuries, a person might need daily medical and personal care assistance. This expense is compensable.

Pain and suffering. Merely paying your medical bills and other out-of-pocket losses from the accident does not honor the physical pain you suffered, your inconvenience, and your emotional distress. Pain and suffering damages compensate accident victims for these intangible losses.

Loss of enjoyment of life. For some people, depending on their injuries and recuperation, life after a wreck is never the same again. If you have a residual impairment that robs you of abilities that you used to have, like walking or being independent, you might not enjoy life as much as before.

Call S. Burke Law today at 404-842-7838, to set up your free consultation. We will not charge legal fees until you win.