Car Accident Personal Injury Claims for Children: What Parents Should Know

An injury to your child in a car accident is every parent’s nightmare. These situations can be overwhelming, and when legal claims are involved, they quickly become complex. Even if you were in the same crash, your child’s injuries and legal rights may be very different from yours.

When a minor is involved in a personal injury claim, there are special considerations to protect their interests, from medical care to compensation. Knowing how these cases work, and how to secure your child’s future, is essential. At Miller Law Group, we help parents understand their rights and protect their children’s long-term interests.

Personal injury claims for children include several legal safeguards to protect their best interests. While the goal remains the same—recovering fair compensation—the process involves additional legal steps designed to protect the child. These steps are intended to ensure any resolution serves the child’s best interests, now and in the future.

Children can suffer many of the same injuries as adults in a car crash, but the long-term effects on a developing body and mind can be very different. Common injuries and their consequences for kids include:

• Head or Brain Injury: These are among the most common personal injuries for minors in car accidents. A brain injury can interfere with school, sports, and cognitive and social development.
• Spinal Cord Injury: In babies and toddlers, the neck area is more flexible and vulnerable. Even a mild collision can cause spinal damage, especially if the child was not properly restrained.
• Broken Bones: Children’s bones are still growing, making them more prone to fractures. Breaks near growth plates can impact future mobility or limb development.
• Psychological Trauma: Even if a child doesn’t fully understand what happened, the emotional weight of a crash can linger. Common symptoms include nightmares, anxiety, or fear of riding in cars. Some children may need long-term counseling or therapy.

Understanding the medical and emotional toll of these injuries is key to building a strong legal claim.

One of the most important distinctions between a minor and an adult personal injury claim is the timeline. In North Carolina, the statute of limitations for a child’s pain and suffering doesn’t begin until they turn 18. From that point, they typically have three years to file a lawsuit. This delay allows children the opportunity to pursue their rights once they reach adulthood.

Because the law provides extra protections for minors, most settlements also require court approval. If a case is settled without a judge’s sign-off, the child could later void the agreement. A short court hearing is usually required to confirm that the terms are fair and serve the child’s best interest.

Although brief, these hearings are essential, and experienced legal guidance can help the process go smoothly.

Who Can File a Claim on the Behalf of a Child?

Minors under the age of 18 cannot file a lawsuit on their own. A parent or legal guardian must file the personal injury claim on their behalf. In some cases, the court may appoint a guardian ad litem—a neutral adult who will represent the child’s best interests during the legal process.

At Miller Law Group, our attorneys handle every legal step so you can focus on your child’s recovery.

Understanding Fault in North Carolina

North Carolina follows contributory negligence, one of the strictest fault rules in the country. Under this rule, if someone is even 1% at fault for their own injuries, they may not recover any compensation.

However, the law recognizes that children don’t have the same judgment or experience as adults. Courts use different standards for minors depending on age:

• Under age 7: Presumed incapable of negligence
• Ages 7–14: Generally not held responsible unless unusually careless
• Ages 14–18: May be found at fault depending on maturity and behavior

These legal protections can be critical. An experienced attorney can help show that your child acted reasonably for their age and should not be blamed for the accident.

What Damages Can Be Recovered?

A minor personal injury claim may include damages that reflect how the injury affects the child’s quality of life—not just today, but as they continue to grow and develop. Additionally, some damages are legally recoverable by the parent or guardian.

Child’s Damages

• Pain and suffering
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Emotional trauma or the need for mental health treatment

Parental (Derivative) Damages

• Medical expenses related to the child’s care
• Lost income if a parent had to miss work to care for the child

Parents can recover medical costs for injuries that occurred while the child was under 18. After that point, any new medical bills belong to the child’s own legal claim. Minor injury cases often involve two claims: one for the child’s injuries, and one for the parent’s related financial losses.

What Happens to the Settlement Money?

When a child receives a settlement, the funds are managed very differently than in adult cases. North Carolina law requires added protections for minor personal injury settlements that exceed a few thousand dollars.

This often includes:

• Judicial approval at a brief court hearing
• Court-managed trust accounts
• Structured settlements with funds released over time, often beginning when the child turns 18

Unlike adults, children can’t access their settlement money right away. North Carolina puts safeguards in place to ensure the money serves the child’s long-term needs. In some cases, structured settlements can be tailored to release funds at key life milestones or for college, housing, or medical care. Judges have limited discretion, but the goal is always to protect the child’s future.

Because children may not always be able to express what hurts or how bad it feels, parents play a vital role in documenting the impact of an injury. Parents can support their child’s claim by:

• Closely monitoring physical and emotional changes
• Attending all follow-up appointments
• Keeping detailed medical records of symptoms and behaviors
• Communicating regularly with teachers, doctors, and therapists.

This documentation not only helps guide your child’s care but also supports the legal claim by showing the full impact of their injury.

When your child is injured, your first priority is making sure they get the care they need. But protecting their legal and financial future is just as important. At Miller Law Group, our attorneys have more than 50 years of combined experience handling personal injury claims for children. We understand what’s at stake, and we’re here to guide you through every step with care, clarity, and compassion.

Contact us today for a free consultation. We’ll talk about your child’s injuries, explain your legal options, and help you pursue the outcome your family deserves.