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February 4, 2025

How Compensation Works in Car Accidents Involving Children

a child's car seat empty in the back seat of a car to protect against car accidents

Car accidents can be traumatic for anyone involved, but when a child is injured in a crash, the situation can be especially distressing. Children are more vulnerable to serious injuries, and their recovery process can be longer and more complex. If your child has been injured in a car accident, you may be entitled to compensation to help cover medical expenses, pain and suffering, and other damages. Learn more about how compensation works in car accidents involving children to help ensure that your child receives the support they need.

Who Can File a Claim for a Child Injured in a Car Accident?

Because minors cannot file legal claims on their own, a parent or legal guardian must file a claim on their behalf. In some cases, a court-appointed representative may be required to act in the child’s best interests. The claim can be made against the at-fault driver’s insurance policy or, if necessary, through a personal injury lawsuit. If your child has been injured in a car accident, we’re here to help.

Types of Child Compensation for a Car Accident

When a child is injured in a car accident, several types of compensation may be available to cover both economic and non-economic damages like pain and suffering for a child in a car accident, as well as:

Who Is Liable in a Car Accident Involving Children?

Liability in a car accident involving a child is determined the same way as in any other accident. If someone was behaving negligently, for example by driving recklessly or impaired, then that driver would be liable, at least in part, for the accident. Other liable parties could include the manufacturer of the car seat or the seat belt manufacturer if those were determined to have contributed to the child’s injuries.

Strengthening Your Claim if Your Child Is Injured in a Car Accident

If your child has been injured in a car accident, it’s important to contact an attorney as soon as possible. An experienced car accident attorney like those at Farah & Farah can help to gather the evidence needed and handle dealing with the insurance company on your behalf. Some things that can strengthen your claim seeking immediate medical attention and keeping all documentation, including medical bills, diagnoses, and more, all in one place. If there is evidence from the accident itself, such as witness statements, photos, or a police report, those can help to determine liability.

Avoid a Quick Settlement

Insurance companies often offer quick settlements that are worth a lot less than what the case is actually worth. It can be tempting to accept this quick offer, just to get some money to start paying for medical bills. However, this could ultimately hurt you in the long run, as it may not cover everything, especially if there are longer-term treatments that are needed. Hiring an attorney to represent you could make the difference between getting a lowball offer that doesn’t fully take care of your child’s needs and a settlement that is what your case deserves.

How Funds in a Child Injury Settlement Are Managed

Since minors cannot manage their own settlement funds, courts often oversee how compensation is distributed. Parents may be appointed to manage any settlement funds, but courts may impose limitations to make sure that those funds are appropriately used. Alternatively, a court may set up a trust fund on the child’s behalf or release funds gradually in a structured settlement as the child grows up.

Is There a Statute of Limitations on a Car Accident Case Involving a Child?

The time limit to file a personal injury claim on behalf of a child varies by state. In some jurisdictions, the statute of limitations for minors is extended, allowing claims to be filed years after the accident. However, it is crucial to take legal action as soon as possible to preserve evidence and strengthen the case.

Statute of Limitations in Florida

In Florida, the statute of limitations for personal injury claims is typically two years from the date of the accident. In cases involving a child, however, the clock generally doesn’t start running until the child turns eighteen. That doesn’t mean you should delay, however, as evidence can be lost if too much time has passed. Car accidents involving injuries to kids may have more time, but the longer you wait, the weaker the case may become.

Statute of Limitations in Georgia

The statute of limitations in Georgia works the same way as in Florida. Typically, you must file the claim within two years of the accident occurring, but that time limit doesn’t begin for a child until that child turns eighteen.

Farah & Farah Is Here To Help You and Your Child

Farah & Farah’s experienced car accident attorneys are here for you. The aftermath of a car accident can be a stressful time in anyone’s life but can be much worse when there’s a child involved. Just as you want to protect your child and help them through any problems that life throws at them, we want to do the same for you. We’re here to help you through this difficult time and take on the insurance company and those liable for the accident. We’re here to fight for you.

Don’t wait to contact us today for a free consultation. Remember, you won’t have to pay anything unless your case is successful.

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