Are Car Accident Cases Different If Children Are Involved?

Being in a car accident as an adult can have devastating consequences on your life, leaving you with permanent disabilities and unable to earn your living, among other possibilities. When children are involved in an accident, they may have their whole futures upended, with long-term consequences that can be difficult to imagine.

Their small size makes them more vulnerable to injuries, and they are defenseless in this situation. They may also suffer the death of one or both of their parents in the crash, making them wrongful death survivors.

If you have a child who has been injured in a car accident or their parents have died because of it, find more here about the steps you should take to preserve their legal rights because there are several ways that car accident claims may be treated differently when children are involved.

Who Represents a Child After a Car Accident?

For a minor, filing a legal claim when they are under 18 is an impossibility. The claim can only be filed by their parent or guardian. To file a claim, an adult who has legal authority over the minor child must file on their behalf. Another option is to wait and file once the child is 18 years old, but this may not be realistic.

Can the Statute of Limitations Be Extended in Cases Involving Children?

The statute of limitations works very differently when there is a child involved. In general, the statute of limitations allows victims of car accidents two years to file a claim to recover compensation for their injuries. When children are involved, the statute of limitations can be extended in two ways: The first is when the child turns 18, and the second one is once they discover they have sustained injuries. This last option allows them to extend the statute of limitations two more years after the date when they discover their injuries.

This additional time is allowed because it is understood that children were still developing when the accident took place, and their bones, muscles, soft tissue, and brains may not finish developing until they are older. Many injuries may not be evident until years later when they have a health problem that had previously gone unnoticed.

What Damages Can a Child Claim?

Just as in the case of adults, children who sustain injuries in an accident are entitled to damages to cover their medical expenses and ongoing healthcare needs. They may also file a claim for loss of income, property damage, and pain and suffering. The difference is that if the child files while they are still a minor, they cannot obtain compensation for loss of future income.

Their parents can also file a separate claim and seek compensation for medical expenses, loss of services, and loss of income if the child had been working when the accident occurred.

How Is Negligence Treated in These Cases?

In some cases, the child may be found to be partly at fault for the accident, but they cannot be held liable for any damages. When this happens, it is the parents of the child who can be held responsible for any liability by the other party.

What Should the Parent or Legal Guardian of the Child Do After the Accident?

The best course of action is to talk with a car accident attorney. The lawyer will conduct a thorough investigation to determine how the settlement claim can be impacted because there is a child involved. The claim can become more complicated by the simple fact that a minor was involved in the accident, especially in cases where the child is quite young and injuries may not be fully evident at this time.

During the initial consultation with an attorney, the parent or guardian can discuss what type of damages the child can be expected to obtain after the unfortunate accident.

What Factors Can Determine the Car Accident Settlement?

Many factors play a role, but the most salient are:

The Type and Severity of the Injuries

In minor car accidents, where the injuries heal on their own after a couple of days, it is difficult to place a monetary value on the injuries. However, if they are extensive and severe, the value of the settlement can increase significantly. A person who suffers an injury that impacts their brain or causes a permanent disability may be entitled to greater compensation than someone who breaks a bone. However, even when the injuries may not be catastrophic, there will be medical expenses and other losses.

Your car accident attorney is the right person to advise you on the value of your case and whether it is worth it to pursue compensation.

Medical Bills and Financial Losses

Suppose the other driver is solely responsible for the accident. In that case, the child may be eligible to receive compensation for their damages which may include medical bills, travel expenses to medical appointments, physical and occupational therapies, cost of personal care, and more. It is important to keep a detailed log of these expenses for your attorney to build a strong case. Non-economic damages like pain and suffering can be calculated by your attorney, as well.

Insurance Coverage

If the party responsible for the crash carried inadequate insurance, or they are uninsured, it becomes very difficult to seek compensation from them. If your child is in this situation, there is the possibility of filing a personal injury lawsuit against the driver at fault. Yet, if they do not have any assets to pay the claim, it will not matter how good a job your attorney did on your defense.

The result will likely be that your child will not be able to receive any compensation. In this case, your only option would be to file a claim with your insurance and let your attorney do the negotiations for you to ensure you get fair compensation.