Car accidents are frightening under any circumstances, but when children are involved, the stakes feel even higher. Unlike adults, children are more vulnerable to serious injury, and their cases raise unique medical and legal considerations.
For parents, understanding how child injury claims work is critical. From the types of injuries children commonly suffer to the way settlements are handled, car accident cases involving minors require extra care and attention.
In this article, our friends from Mickey Keenan P.A. explore what every parent should know about children and car accident claims, and why working with an experienced attorney can make all the difference.
Why Children Are At Higher Risk
Children aren’t just “small adults.” Their bodies are still developing, which means:
- Fragile bones and tissues are more susceptible to fractures and long-term damage.
- Developing brains are more vulnerable to concussions and traumatic brain injuries.
- Smaller size means car seats, seat belts, and airbags must be properly adjusted to prevent harm.
Even low-speed collisions can cause significant injuries to children, especially if restraints are not properly used.
Common Injuries Children Suffer In Car Accidents
Some of the most common and often serious injuries include:
- Head and brain injuries: Concussions, skull fractures, or traumatic brain injuries.
- Spinal cord injuries: Potentially life-changing if mobility is affected.
- Fractures: Broken arms, legs, or ribs.
- Internal injuries: Damage to organs that may not be immediately obvious.
- Psychological trauma: Anxiety, nightmares, or post-traumatic stress disorder (PTSD).
Because symptoms may appear gradually, it’s important to seek medical attention immediately and monitor for changes in behavior or health in the weeks following an accident.
The Importance Of Immediate Medical Care
Children can’t always articulate pain or explain what they’re feeling. Parents may assume a child is fine because there are no visible injuries, but internal damage or brain trauma may not show symptoms right away.
Prompt medical evaluation not only protects your child’s health, it also creates a medical record linking injuries directly to the accident, a critical piece of evidence in any claim.
Special Legal Considerations In Child Injury Claims
Car accident claims involving minors work differently than adult claims in several key ways:
- Settlement Approval
Courts often require approval of settlements involving children. This is to ensure the child’s interests are protected and that compensation is fair. - Structured Settlements
Instead of a lump-sum payment, some settlements are structured to provide funds when the child reaches adulthood. This ensures money is available for long-term care or education. - Parental Involvement
While parents or guardians typically bring the claim on behalf of the child, the court may appoint a guardian ad litem (an independent representative) to review the settlement. - Statute Of Limitations
In many jurisdictions, statutes of limitations are “tolled” (paused) for minors, meaning the clock on filing a lawsuit doesn’t start until the child turns 18. However, parents should not wait, evidence can be lost if claims aren’t filed promptly.
Proving Long-Term Damages For Children
One of the biggest challenges in child injury cases is proving the long-term impact of the accident. A broken bone in a child may heal, but growth plate injuries could affect development. A concussion may seem minor, but repeated headaches, learning difficulties, or emotional changes may last for years.
Attorneys often work with pediatric specialists and life-care planners to estimate the future medical costs, therapy needs, and educational support a child may require. These projections are crucial in determining fair compensation.
The Role Of Insurance Companies
Insurance companies often try to minimize payouts in child injury cases, just as they do in adult claims. Adjusters may argue that injuries aren’t serious, or that recovery will be quick because “children are resilient.”
But parents know better: even seemingly minor injuries can affect a child’s development and future opportunities. That’s why legal representation is so important in these cases.
Emotional And Psychological Injuries
Physical injuries aren’t the only concern. Many children suffer psychological effects after accidents, including:
- Fear of riding in cars.
- Sleep disturbances.
- Separation anxiety.
- Trouble concentrating at school.
These emotional injuries are real and compensable. Therapy and counseling costs should be included in any settlement.
What Parents Should Do After A Child Is Injured In A Car Accident
If your child is involved in a crash, here are the steps to take immediately:
- Seek medical care right away, even for seemingly minor injuries.
- Follow all treatment plans and keep detailed records.
- Document everything, including photos of injuries and accident reports.
- Avoid speaking with insurance adjusters before consulting an attorney.
- Consult a car accident lawyer experienced in handling child injury claims.
Why Having A Lawyer Matters Even More For Children
Children’s cases are more complicated because they involve future damages and court oversight. An attorney can:
- Ensure compensation reflects long-term needs.
- Negotiate structured settlements for financial security.
- Protect the child’s legal rights during negotiations and court approval.
- Handle insurers who may try to exploit parents’ lack of legal knowledge.
Be Proactive
Car accidents involving children are heartbreaking, and the road to recovery can be long. From physical injuries to emotional trauma, the impact often extends far beyond the initial crash.
For parents, understanding how child injury claims work is essential. With the right medical care, strong evidence, and experienced legal representation, families can secure the resources their children need to heal and move forward.
No parent should have to face the legal system alone while caring for an injured child. By taking action early, you can protect your child’s rights, today and for the future.