In 2023 alone, more than 250 Texas children lost their lives due to a motor vehicle accident. Thousands were injured.
When a child is hurt in a crash, they are just as entitled to fair compensation as any other person. However, there are some key differences between car accident claims involving kids and those involving adults. These differences include legal rules about who can file a lawsuit, how long they have to file, and how damages get calculated.
Keep reading to learn more about how settlements for children injured in motor vehicle accidents are calculated and important ways you can help your child get the fair compensation they deserve.
What’s a typical settlement? Do children get more or less than adults in car accident settlements?
It depends.
At Crosley Law, our average car accident case (for victims of all ages) settles for around $250,000. However, there is a very wide range of possible financial outcomes depending on the circumstances, from a few thousand dollars to millions. And in the case of an injured child, their age, the severity of their injuries, and other factors can have positive or negative impacts on the settlement amount.
In a typical personal injury claim involving only adults, victims can seek compensation for their economic losses (such as medical bills, lost wages, or costs of household services), as well as non-economic losses (such as pain and suffering, emotional trauma, post-traumatic stress disorder, or loss of quality of life).
In theory, a child’s car accident settlement is calculated the same way as any adult’s would be. But because of their age and legal status, some types of damages are likely to be lower and others higher. And others won’t apply at all, such as loss of companionship of a spouse.
At Crosley Law, we have obtained several major personal injury settlements on behalf of injured children over the years, including:
- A seven-figure settlement for a high schooler who was hit by a delivery van while riding his bike.
- A $30 million settlement for a 4-year-old girl who suffered a traumatic brain injury after falling from a faulty window.
- A $11.5 million jury verdict for a 16-year-old boy who was seriously injured at a trampoline park.
That being said, it’s important to remember that these cases are not typical. The best way to find out what your child’s case might be worth is to speak with an experienced car accident lawyer as soon as possible.
Key factors that determine settlements in accidents involving children
In several previous blogs, we’ve talked about some of the key factors that shape car accident claim settlement amounts. Let’s take a closer look at how some of those factors apply when the victim is a minor child.
Past and future medical bills
Until a child turns 18, their parents are the ones responsible for paying their medical expenses. Any healthcare costs that have already been paid (or are expected before age 18) would generally be part of a separate claim for the benefits of the parents, not the child’s personal injury claim. In some cases, the court might award these damages immediately to help cover current and future costs.
However, if the child’s injuries are serious enough that they are likely to require ongoing medical care into adulthood, those damages should be part of their accident settlement.
RELATED POST: Is My Child More at Risk in a Car Crash? | Crosley Law
Loss of income
Children don’t work, so minor injuries (or those they are expected to make a full recovery from before reaching working age) should not result in any loss of future income.
On the other hand, if your child’s injuries are permanent and serious enough that they will be totally unable to work, the amount awarded for future lost wages can be considerable, since it would cover their entire working career.
It can be extremely difficult to estimate a reduction in future income, especially for young children. You need to establish what their likely future career earning potential would have been before the crash, and what it will likely be after. This is often a bit easier with older children, who already have a career goal and scholastic accomplishments that suggest they are on track to reach it.
Non-economic damages
Non-economic damages include losses that don’t come with a specific price tag, like physical pain and suffering and emotional trauma.
Pain and suffering, even if temporary, can be extremely traumatic for a child who is not old enough to understand and process what’s happening to them. As for emotional distress, this also can depend on a child’s age. If young enough, a child might not remember or connect a car crash to their pain. But even toddlers can experience anxiety, depression, and PTSD from a crash.
Liability and aggravating factors
In our experience, when personal injury cases go to trial, juries tend to award more compensation if they have an emotional reaction in favor of the victim (or against the defendant). This shouldn’t matter in theory, but it often does.
For example, young children who suffer injuries as innocent passengers obviously cannot be held at fault for their injuries. A jury would also likely find them highly sympathetic. The insurance company might have an incentive to make a better settlement offer and avoid the unpredictability of a trial.
On the other hand, if the child was driving the car, the insurance company might try to pin some of the blame on them. Since teenage drivers are statistically more likely to cause car accidents than older drivers, this tactic can be persuasive, especially if you lack strong evidence and an experienced attorney defending your child.
Three things to know about a Texas child car accident claim
1. A child cannot file a personal injury claim on their own
Children under the age of 18 cannot file a personal injury claim or any civil lawsuit. However, parents and guardians are eligible to file a claim on their behalf, and this is typically what we recommend in most circumstances.
Another option is to wait until the child turns 18 and can file their own claim. While this can avoid some of the complications that come with a parent filing on behalf of a child, we usually don’t recommend this route unless the child is already close to turning 18. Crucial evidence can be lost over time, and the longer you wait to file, the more difficult it may be to win.
RELATED POST: How to Protect Your Child After a Serious Car Accident | Crosley Law
2. Children have an extended statute of limitations
Normally, victims have two years after the crash to file a personal injury lawsuit. This is called the statute of limitations. But if the victim is a minor child, this deadline can be extended potentially twice:
- By default, the statute of limitations extends to two years after they turn 18—or in other words, their 20th birthday.
- Depending on the circumstances, the statute could be extended to two years after the time the injury was discovered, rather than when it occurred. Some injuries (especially in younger children) are not discovered until the child’s bones, muscles, joints, or brain develop further. This extension allows the parents or now-adult child to file a claim two years after a diagnosis.
As noted above, we usually recommend that parents file a lawsuit on behalf of their child as soon as they reasonably can. But in some circumstances, it might be beneficial to wait, such as if the long-term effects of your child’s injury are uncertain.
3. Child injury claims require court approval
One of the most significant possible complications in a minor’s personal injury case in Texas is that, even if the parties involved settle, the court has the power to reject a settlement or even a verdict.
The court’s primary concern is the child’s best interest. So to ensure that the child’s guardian acts accordingly, the court often appoints an ad litem — a representative who analyzes the case files and reports on whether the parents upheld the child’s interests. If the answer is no, the court can dismiss the case entirely.
Guardians usually have the child’s best interest in mind during a personal injury case, but even the most well-meaning loved ones can make mistakes—the most critical being not hiring a skilled and experienced personal injury attorney. Parents who attempt to represent their children in court instead of hiring an attorney have a high chance of accidentally making errors that will get their child’s claim dismissed or result in a substantially lower settlement.
Car Crash? Call Crosley
If your child has been injured in a car crash, please do not try to represent them yourself. Instead, contact Crosley Law.
At Crosley Law, we understand how traumatic an injury can be to a child and how difficult it is for you to see your child struggling or in pain. Please let us help you get the compensation and resources your child deserves to make a full physical, mental, and financial recovery.
Call us today at 210-LAW-3000 | 210-529-3000 or complete this brief online contact form to schedule your free consultation.
References
Texas Department of Transportation (April 24, 2024). Fatalities by Age, Person Type, and Gender 2023. Retrieved from https://www.txdot.gov/content/dam/docs/trf/crash-reports-records/2023/06.pdf
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
