Child Injury in Car Accident: Settlement Amounts and Legal Rights

When a child is injured in a car accident, the legal process is different from adult claims. Children have special legal protections, and settlements involving minors typically require court approval to ensure the child's interests are protected.

Average Settlement Amounts for Child Injuries

Minor injuries such as bruises and sprains settle for $10,000 to $40,000. Moderate injuries including fractures settle for $40,000 to $200,000. Serious injuries requiring surgery settle for $150,000 to $750,000. Traumatic brain injuries settle for $250,000 to $5,000,000 or more. Permanent disabilities settle for $500,000 to $10,000,000 or more.

Child injury settlements tend to be higher than comparable adult settlements because juries are particularly sympathetic to injured children, children have more years of future damages, and the emotional impact on the family is significant.

Special Legal Considerations

A parent or legal guardian files the claim on behalf of the child as their next friend or guardian ad litem. Most states require court approval of settlements involving minors to ensure the settlement is fair and in the child's best interest. Settlement funds are typically placed in a structured settlement, trust, or blocked account until the child reaches age 18. The statute of limitations for children is typically tolled until they reach age 18.

Types of Damages

Children can recover compensation for medical expenses, pain and suffering, emotional distress, scarring and disfigurement, future medical expenses, and loss of future earning capacity. Parents can separately claim their own damages including medical expenses they paid, lost wages for time off work to care for the child, and their own emotional distress.

Car Seat and Restraint Issues

If the child was not properly restrained at the time of the accident, the insurance company may argue comparative negligence against the parent or driver. However, the child's settlement should not be reduced based on the negligence of the adult responsible for their restraint.

If the car seat was defective and failed to properly protect the child, there may be a product liability claim against the car seat manufacturer.

Conclusion

Child injury settlements require special legal procedures but often result in significant compensation. Court approval protects the child's interests and ensures the settlement is fair.

Use our free settlement calculator to estimate what your child's injury case might be worth.