The aftermath of a car accident involving a child can be devastating and overwhelming for parents and guardians. Children are particularly vulnerable in vehicle collisions, and their injuries may have long-lasting effects on their development and quality of life. Understanding the legal process and available resources is important for families seeking compensation and support for their injured child.
What Are the Most Common Child Injuries Caused by Car Accidents?
- The most common child injuries from car accidents include:
- Head and brain trauma, often from impact against windows or seats.
- Neck and spinal cord injuries, particularly in young children.
- Chest injuries, including rib fractures and internal organ damage.
- Fractures and broken bones, especially in arms and legs.
- Facial injuries and lacerations from glass or debris.
- Psychological trauma, including PTSD.
Proper car seats and restraints significantly reduce these risks, which is why age-appropriate safety seats are legally required in most places.
How Does the Legal Process Differ When Children Are Involved?
Cases involving injured children contain distinct legal considerations. Children cannot file lawsuits independently, so a parent or legal guardian must act as their representative. Additionally, courts provide special protections for minors, including required court approval of settlements and the establishment of trusts to protect settlement funds.
The statute of limitations is also different. While adults typically have two years to file personal injury claims in Pennsylvania, this timeframe is extended for minors. Children have until their 20th birthday to file claims related to injuries sustained as minors, so families have additional time to understand the full impact of those injuries.
What Types of Damages Can Be Recovered for an Injured Child?
Compensation for injured children may include several categories of damages.
- Medical expenses cover current and future treatments, surgeries, physical therapy, psychological counseling, and medication.
- Pain and suffering address physical discomfort and emotional distress experienced by the child.
- If injuries result in permanent disability, compensation may include lost future income potential.
Children with serious injuries may require modifications to their living environment, specialized educational resources, or long-term care. These costs can be included in damage calculations. Additionally, parents may recover compensation for time away from work to care for their injured child and related out-of-pocket expenses.
What if My Child Was Partially at Fault for the Accident?
Pennsylvania follows comparative negligence rules, meaning compensation can be reduced based on the percentage of fault attributed to each party. However, children are not held to the same standard of care as adults. The law recognizes that children have less developed judgment and awareness of danger.
Courts consider the child’s age, maturity level, and understanding of risk when determining fault. Very young children (under age seven) are generally presumed incapable of negligence. For older children, courts apply an age-appropriate standard, comparing their actions to those of children of similar age and development.
How Are Settlement Funds Protected for the Child’s Benefit?
Courts take special precautions to protect settlement money awarded to minors. Settlements exceeding certain amounts typically require court approval to confirm they serve the child’s best interests. The court may establish a trust or require funds to be placed in a restricted account that cannot be accessed until the child reaches adulthood (age 18 in Pennsylvania).
In some cases, courts may approve structured settlements that provide periodic payments over time, potentially including larger disbursements for college expenses or other major life events. These protective measures prevent funds from being misused and help ensure that appropriate financial support remains available throughout the child’s development.
Chester County Car Accident Lawyers at Eckell Sparks Help Families Through Challenging Times
Our skilled Chester County car accident lawyers understand the profound impact a child’s injury has on the entire family. For a confidential consultation, submit our online form or call 610-565-3701. Located in Media and West Chester, Pennsylvania, Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. serves clients in Delaware County, Chester County, and Montgomery County.