The worst mistake is staying silent because you think filing for your injured child could trigger deportation. It does not work that way, and the delay can damage both your child's medical care and the claim.

A common Wilmington holiday-weekend scenario looks like this: a parent is crossing near Lancaster Avenue or Kirkwood Highway after a Memorial Day cookout, a driver blows through a crosswalk, and the child is taken to Nemours or Christiana. The parent is terrified to talk to police or the insurer because the family is undocumented. Hours pass. Video disappears, witnesses leave, and the driver's insurer starts shaping the story first.

Here are the Delaware rules that matter:

• Report it now to Wilmington Police or the agency that responded if it happened in the city. Ask for the crash report number.
• A parent or legal guardian files the injury claim for the child.
• A child's immigration status or a parent's undocumented status does not cancel the child's right to seek payment for injuries.
• In Delaware, the normal personal injury deadline is 2 years, but for many claims by an injured minor, the clock is usually paused while the child is under 18.
• Do not rely on that pause. A parent's own claims, such as medical bills paid out of pocket, may still face the regular 2-year deadline.
• If the child's case settles, court approval is often required before the money is finalized or placed for the child's benefit.

If a school, daycare, or camp was involved, notify the facility immediately and get the incident report. In Wilmington-area cases, camera footage from buses, intersections, and buildings can be overwritten quickly.

If the injury happened while you were working and carrying your child nearby, that is different; Delaware job-injury claims go through the Industrial Accident Board in Wilmington, but your child's traffic-injury claim is a separate matter.