As a parent, nothing is more heart-wrenching than seeing your child suffer, especially from injuries sustained in a car accident. When your child is hurt, you want to do everything in your power to protect them, help them recover, and ensure that those responsible are held accountable. But what are your legal options if your child is injured in a car accident?

Let’s walk through what you need to know about filing a lawsuit, seeking compensation, and protecting your child’s rights in these difficult situations.

Understanding Your Child’s Rights After an Accident

In the aftermath of a car accident, children have the same rights to compensation as adults when they’re injured due to someone else’s negligence. However, since minors cannot file a lawsuit themselves, the responsibility falls to their parents or legal guardians to pursue a claim on their behalf.

When Can You File a Lawsuit?

You may file a lawsuit if:

• The other driver was at fault for the accident.
• Negligence by another party (e.g., a manufacturer or a government entity) contributed to the accident.
• Your child suffered injuries requiring medical treatment or impacting their quality of life.

For more on proving fault in car accidents, visit How Can I Prove Fault in an Auto Accident?.

Steps to Take After Your Child is Injured

1. Seek Immediate Medical Attention

Even if injuries seem minor, have your child evaluated by a medical professional. Injuries like concussions or internal damage might not show immediate symptoms. For signs to watch out for, read What Are the Signs of a Concussion After a Car Accident?.

2. Document Everything

Keep records of:

• Medical visits and bills.
• Photographs of injuries and the accident scene.
• Witness statements and the police report.

Learn more about obtaining police reports in How Do I Obtain a Copy of the Police Report for My Auto Accident?.

3. Contact an Attorney

Handling a claim involving a child’s injuries requires navigating unique legal challenges. An experienced personal injury attorney can help you understand your options, build your case, and negotiate with insurance companies. To understand their role in the process, see What Is the Role of a Personal Injury Attorney in an Auto Accident Case?.

Types of Compensation You Can Seek

If your child has been injured in a car accident, the compensation you can seek falls into two primary categories:

1. Economic Damages

These are measurable financial losses, including:

• Medical Expenses: Costs for immediate treatment, future care, and rehabilitation. For more on handling medical costs, visit How Do Medical Bills Get Paid After an Auto Accident?.
• Lost Wages for Caregiving: Compensation for time you had to take off work to care for your child.

2. Non-Economic Damages

These are intangible losses, such as:

• Pain and Suffering: Emotional trauma and physical pain endured by your child.
• Loss of Enjoyment of Life: If injuries prevent your child from participating in normal activities.
• Emotional Distress: Both for your child and your family as a whole.

For insights into how these damages are calculated, check out How Is Pain and Suffering Calculated in an Auto Accident Case?.

Unique Legal Considerations for Minors

Statute of Limitations

In most states, the statute of limitations for filing a claim on behalf of a minor is extended compared to cases involving adults. However, it’s important to act quickly to ensure evidence is preserved and your case remains strong. For timelines specific to Nevada, see How Long Do I Have to File a Lawsuit After an Auto Accident in Nevada?.

Court Approval of Settlements

When a minor is involved, any settlement agreement usually requires court approval to ensure it’s in the child’s best interests. The court may also decide how the settlement is distributed, often placing the funds in a trust until the child reaches adulthood.

Common Challenges in Filing a Claim

Insurance companies often try to minimize payouts, even when children are involved. They might:

• Argue that your child’s injuries were pre-existing. (For guidance on this, read How Does a Pre-Existing Condition Affect My Auto Accident Claim?.)
• Dispute the severity of the injuries.
• Offer quick settlements that don’t cover long-term needs.

To protect your claim, avoid accepting the first offer without consulting an attorney. Learn more about settlement risks in Should I Accept the Insurance Company’s First Settlement Offer?.

Can You Sue for Emotional Distress?

Yes, emotional distress is a valid claim, particularly if your child has experienced significant psychological trauma due to the accident. This can include anxiety, depression, or PTSD. For more on this topic, see Can I Claim Compensation for Emotional Distress After an Auto Accident?.

Preventing Future Accidents

While accidents can’t always be avoided, you can reduce risks by ensuring your child:

• Always uses appropriate car seats or seat belts.
• Understands road safety as a cyclist or pedestrian.
• Rides in safe vehicles. For advice on vehicle safety, check out What Are the Safest Types of Vehicles for Accident Prevention?.

Conclusion

Filing a lawsuit on behalf of your injured child may seem overwhelming, but it’s an important step in holding negligent parties accountable and securing the resources your child needs to recover. By acting quickly, gathering evidence, and working with a trusted attorney, you can build a strong case and help ensure your child’s future well-being.

If you’re ready to take action, explore What Are the Steps to Filing an Auto Accident Claim? for more guidance. Your child deserves justice, and you have the power to fight for it.