Compensation for children involved in a car accident focuses on how the crash affected both the child and their family, often covering medical expenses, future treatment, and the physical and emotional effects of the crash. It can also address how crash injuries limit a child’s daily activities, school life, or long-term health.
If your child suffered injuries in a collision, a North Carolina car accident lawyer from Younce, Vtipil, Baznik & Banks in Raleigh can explain what types of financial recovery may be available to you and how the claims process works from start to finish.
Common Car Accident Injuries Suffered by Children
Car accident injuries in children can look very different from adult crash injuries. A child’s bones, muscles, and organs are still growing and developing, so traffic collisions can harm them in ways that take longer to show up. Additionally, small children who are still developing language skills may not be able to communicate their symptoms accurately.
Even if a child seems “fine” right after the accident, they can experience pain or symptoms that get worse over time. That’s why it’s best to take children for complete checkups after any accident and to watch for changes afterward.
In car accidents children often suffer injuries such as:
- Head injuries, such as concussions, because their heads are larger in proportion to their bodies
- Neck and back injuries even though children are more flexible than adults
- Broken bones in the arms and legs when children brace themselves instinctively during impact
Beyond these physical issues, many children experience sleep problems and anxiety disorders after a crash. Unfortunately, unless a doctor or mental health professional creates a treatment record of the child’s anxieties about traveling in cars, it will be hard to prove. That is why you should keep an eye on the child’s behavior and get them to a pediatric mental health professional quickly if needed.
What to Do After a Car Accident with Children
After a car accident with children, start by checking your kids for injuries and doing your best to stay calm so they stay calm too. If anyone reports pain, seems confused, or acts differently than normal, call 911 right away. Even if everyone looks okay, you should still get medical care as soon as possible. A doctor can spot injuries that don’t show up immediately, and the checkup will create an official record of what happened.
Once everyone is stable, focus on gathering evidence:
- Take photos of the vehicles, the road, and any visible injuries.
- Get the other driver’s name, contact information, and insurance details.
- If any witnesses saw the crash, ask for their names and phone numbers.
After you get home, start saving copies of medical paperwork and receipts. Contact a lawyer before you talk to any insurance companies.
Are Car Accident Claims in North Carolina Different for Children?
North Carolina child injury claims differ in several important ways, including:
- Children cannot file claims on their own, so parents or legal guardians usually do so for them. Otherwise, they will have to wait until they turn 18.
- The value of a child’s injury claim can also look different from that of an adult’s claim. Kids might need ongoing treatment, follow-up visits, or therapy as they grow. While it can be difficult to get a liability insurance company to pay for past medical bills, it is even more difficult to get them to pay for potential future medical bills. You may need your doctor to project the child’s future treatment needs.
- Insurance companies usually insist on courts approving payouts for children’s claims, especially for child car accident settlements that involve larger amounts of money.
- While the child can wait until they are 18 to file suit, the parents who are responsible for the child’s medical bills must do so within 3 years of the accident. Otherwise, the parents will lose their right to be reimbursed for the child’s medical bills.
A car accident lawyer can explain how these rules work and help you protect your child’s best interests.
Compensation Available for Car Accidents Involving Children
When a child gets hurt in a car accident, the impact often reaches far beyond the costs of their initial medical visit. A personal injury claim can provide compensation that accounts for both immediate costs and the ways the child’s injuries affect their daily life and future needs, including:
- Medical bills related to emergency care and follow-up treatment
- Future medical care the child may need as they grow and recover from the injury
- Reduced future earning capacity if the child’s injuries will affect their ability to work in the future
- Pain and physical discomfort caused by the accident
- Emotional distress, anxiety, or trauma related to the crash
- Loss of enjoyment of normal childhood activities, such as sports or hobbies
- Scarring or permanent physical changes caused by the injury
- Out-of-pocket costs parents pay for care, transportation, or medical equipment
North Carolina Statute of Limitations for a Car Accident Claim Involving Children
North Carolina General Statute § 1‑52 sets a strict three-year time limit for most car accident claims, but the rules work differently for claims involving children. In most cases, the filing window for a child’s injury claim doesn’t begin until the child turns 18, which means they have until their 21st birthday to file.
However, that extended timeline might not cover every part of a child’s car accident case. Parents often file claims of their own to recover compensation for medical bills and related costs they paid for on the child’s behalf. North Carolina applies the standard three-year deadline to those claims, which starts on the date of the crash.
Because multiple deadlines can apply in these cases, timing matters. An experienced attorney can explain which deadlines apply to each part of your case and help you take action before time runs out.
How Our Car Accident Attorneys Can Protect Your Child’s Rights
When a child gets hurt in a car accident, protecting their rights becomes a top priority. An experienced car accident attorney from Younce, Vtipil, Baznik & Banks in Raleigh can step in to take care of the legal process and look out for your child’s best interests by:
- Investigating the crash to identify all responsible parties
- Collecting police reports, medical records, and other critical documents
- Communicating directly with insurance companies to limit pressure on your family
- Handling all claim paperwork and required filings on your behalf
- Calculating the full financial impact of your child’s injuries and ongoing care
- Consulting with medical providers to understand future treatment needs
- Pushing back against low settlement offers that fail to reflect your losses
- Preparing your case for court if necessary
- Protecting your child’s payout for their future use when appropriate
Call Our Car Accident Attorneys in Raleigh, NC, Today for Help
When North Carolina families need a legal team they can trust after a serious accident, they turn to Younce, Vtipil, Baznik & Banks. Here’s what one client had to say about working with us:
“After a long and difficult period of dealing with my son’s accident, your representation means even more to me as a father who has seen his son’s painful recovery.” – Clint S.
When you choose our team, you’ll benefit from more than 100 years of combined experience and a track record of more than $150 million recovered in personal injury cases to date.* And because our staff includes team members fluent in English and Spanish, you’ll also be able to communicate with us in the language that’s most comfortable for you.
Don’t take any risks where your child’s future is at stake. Contact us online now or call us at (919) 661-9000 to get started with your free consultation.
*Each case is unique, and past results do not guarantee future outcomes.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
