What If My Child Is Injured in a Car Accident? 

A child who is injured in a car accident that was someone else’s fault has the same basic rights as anybody who was injured by a negligent driver. That is, the child is typically entitled to compensation for their injuries and other losses related to the accident. However, there are some significant differences between a standard car accident case and a car accident claim filed on behalf of a minor child.

How are Child Car Accident Claims the Same as any Other Car Accident Claim?

Liability in Child Car Accident Cases

Proving liability in a car accident case means showing that the other driver or a third party was negligent, that the negligence caused the accident, and that the accident caused the injured party’s damages. That’s true regardless of whether the injured party is a child or an adult.

As with any other car accident case, you will want to work with your car accident lawyer to ensure that you have identified any additional possible responsible parties. One of the drivers involved in a car accident is usually at least partly responsible for the accident. But there may be others who share some responsibility, including:

• Other drivers on the road whose unsafe actions contributed to the crash even though they were not involved in the collision
• A vehicle or parts manufacturer if a defective component caused or contributed to the accident
• The entity responsible for maintenance of the area where the accident occurred, if debris in the road or other unsafe conditions that should have been corrected caused or contributed to the accident

Of course, these are only a few of many possibilities. Missing a party who was partially responsible for the accident can mean reduced compensation, so it’s important to work with an experienced injury lawyer. 

Damages in Child Car Accident Cases

Child injury victims are also generally entitled to the same types of damages as an adult might be. These include both economic losses such as expenses associated with the injury and non-economic losses such as pain, suffering, and loss of quality of life. However, the way that these damages are calculated may be quite different when the injury victim is a child. For example, a child who suffers permanent injuries will likely have lifetime lost earning potential. However that potential is more difficult to calculate and prove with a child injury victim than with an adult who had already embarked on their career and had established an earnings history.

An experienced local car accident attorney can explain in greater detail what types of damage may be available in your child’s case, and what type of evidence will be required in order to establish damages.

How are Child Car Accident Claims Different?

There are several technical and procedural differences between an adult claim for car accident injuries and a claim on behalf of a child. Some of the most significant are:

• If the claim is filed while the injury victim is still a minor, it must be filed by a parent or guardian on behalf of the child, not directly by the child
• In Massachusetts, the statute of limitations for an injured child is different – a child typically has 3 years from their 18th birthday to bring a claim for car accident damages
• A child is not held to the same standard as an adult when it comes to determining whether they were partially at fault for their own injuries   
• The payout in a case where a child is the injury victim is typically placed in trust or some other structure that protects the funds for the benefit of the child
• A court typically has to approve a settlement for a child injury victim to ensure both that the settlement itself is adequate and that the payment structure adequately protects the child
• Parents may have a separate claim for damages, for example lost income if one parent has to leave work in order to stay home and care for the child after the injury

Get the Help Your Child Needs Today

As a parent, it is up to you to ensure that your child receives the compensation they deserve after a car accident injury. Although your child’s right to sue extends until their 21st birthday, there are many reasons you should act much earlier on your child’s behalf.  

First and most important, the compensation your child receives from their car accident claim can help provide for their needs after the accident. That may include access to medical care and other services, household help if your child needs additional assistance, equipment necessary due to their injuries and other expenses.

Also it is typically much easier to build a strong case shortly after an accident. If your child is 12 and doesn’t bring a lawsuit until they turn 18 or 20, it is very likely that important evidence will be lost. Witnesses may be difficult or impossible to find, and their memories will likely be very fuzzy – if they remember the incident at all. The sooner you get professional guidance the better.

To learn more about how an experienced Lowell personal injury lawyer can protect your right to compensation, call The Broderick Law Firm now by calling 978-459-3085 or fill out our contact form.