How Compensation Works in Car Accidents Involving Children

Car accidents are stressful for anyone, but when a child is injured, the emotional and financial toll can be overwhelming. Children are more susceptible to serious injuries, and their recovery often involves long-term care and support. If your child has been hurt in a car accident, understanding how compensation works can help you protect their well-being and secure the resources needed for their recovery.

Who Can File a Claim for a Child’s Car Accident Injuries?

Since children (minors) can't file legal claims on their own, a parent, guardian, or court-appointed representative must file the claim on their behalf. This claim can be made against the at-fault driver’s insurance, or through a personal injury lawsuit if necessary.

Types of Compensation Available for Children

When a child is injured in a car accident, compensation may cover both economic and non-economic damages, including:

• Medical expenses – both current and future care

• Pain and suffering

• Permanent disability or impairment

• Developmental and educational support

• Parental lost wages due to caregiving responsibilities

These damages aim to ensure that the child gets the care and support they need as they heal and grow.

Determining Liability in Accidents Involving Children

Liability is determined the same way as in any other car accident. If another driver was negligent—such as by speeding, texting while driving, or driving under the influence—they can be held responsible. In some cases, other parties may also share liability, like a manufacturer if a defective car seat contributed to the injury.

Tips to Strengthen Your Claim

If your child is injured in an accident, take these steps to support your claim:

• Get immediate medical attention and follow all treatment recommendations.

• Keep thorough documentation such as medical records, bills, diagnoses, and prescriptions.

• Collect evidence from the accident, like photos, police reports, and witness statements.

• Speak with an experienced car accident attorney who can help manage communication with insurance companies and build a strong case.

Avoid Accepting a Quick Settlement

Insurance companies may offer a fast payout, but these initial offers are often far below what your case is actually worth. While it may seem helpful in the short term, it could leave you without the funds needed for ongoing care or future complications. Working with a personal injury attorney can help ensure you receive fair and full compensation.

How Settlements for Children Are Handled

Because minors can’t manage their own money, courts often supervise how any settlement funds are used. This might include:

• Appointing a parent to manage the funds with court oversight

• Creating a trust or structured settlement to release money as the child grows

• Requiring court approval for any major expenses

These safeguards are designed to protect the child’s financial interests.

Statute of Limitations for Child Injury Claims in Florida

In Florida, most personal injury claims must be filed within two years of the accident. However, for minors, the clock usually doesn’t start ticking until the child turns 18. That said, it’s still crucial to act quickly—waiting too long can make it harder to gather evidence and build a strong case.

Get Help After a Child Injury Accident

If your child has been injured in a car accident, our legal team at Askew & Associates, P.A is here to help. We understand how difficult this time can be for your family, and we’ll fight to get the compensation your child deserves.

Contact us today for a free consultation. Your child’s future may depend on it.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.