What Happens When Children Are Hurt in a Wreck in North Carolina?

When a child is hurt in a car wreck in North Carolina, that child’s parents or guardians can pursue compensation from the parties responsible for the collision. This compensation can include money for the child’s medical bills, other costs associated with the child’s care, and the pain and long-term consequences the child endures. 

Sadly, children are hurt in car accidents every year in North Carolina. Crashes are one of the leading causes of death in children under the age of 14, according to the National Highway Traffic Safety Administration (NHTSA). If your child suffered injuries in a motor vehicle accident that someone else caused, a motor vehicle accident attorney can help you pursue the compensation and justice your family deserves.

What Types of Injuries Are Common for Children in Car Accidents?

Children are particularly vulnerable to injuries from car accidents due to their small size and fragile, still-growing bodies. They face a specific risk of the following injuries:

• Whiplash and neck injuries
• Bruises and soft-tissue injury
• Concussions and head injuries
• Broken bones and fractures
• Facial and dental injuries
• Chest injuries
• Cuts and lacerations
• Psychological distress and PTSD.

Even though safety devices reduce the risk of death, children may be more likely to suffer injuries from seatbelts and airbags because they have different body proportions than adults for whom these devices are designed.

Permanent injuries can also stunt children’s development. For instance, severe head injuries can cause permanent problems in cognitive development.

Can You File a Car Accident Claim on Behalf of a Minor?

North Carolina law holds children to be legally incompetent. So, they cannot make contracts or legal decisions. Since an injured child cannot legally represent their interests, parents and guardians can do so.

A child’s parent or guardian may file a claim against the at-fault driver to recover medical expenses, including the cost of any emergency and continuing medical treatment.

A parent, guardian, or court-appointed representative can also represent the child’s claim on their behalf. This claim compensates the injured child for the cost of continuing medical treatment they may need as an adult. It can also pay the child for their pain and suffering and reductions in lifetime earnings due to disability.

What Is a Guardian ad Litem?

Typically, when a lawsuit is filed on behalf of a minor, the courts will appoint a Guardian ad Litem (GAL). A GAL is a neutral third-party expert representing a child’s best interests during legal proceedings. A GAL will review a settlement to assess if it’s in the child’s best interest. Children typically cannot file a personal injury lawsuit, but can do so with a GAL’s help.

What Compensation Is Available in a Successful Car Accident Lawsuit?

Depending on the circumstances of your case, an attorney can pursue compensation for the following types of losses:

• Emergency medical bills and continuing medical treatment
• Extent of the child’s physical pain and suffering
• Costs associated with lifetime disabilities
• Reductions of losses in the child’s lifetime earning capacity.

Because children are legally unable to sign contracts, courts handle personal injury settlements involving minors differently from how they do for adults. Courts must approve financial settlements for minors to ensure they are fair and in their best interest. Typically, parents cannot access the proceeds of a minor child’s settlement. Instead, the state holds the funds until the minor’s 18th birthday.

Once the minor turns 18, they can access the funds from the settlement. They can accept the settlement in a single lump sum or as a structured settlement that pays them in regular installments over a set period. This type of payment arrangement can be beneficial for a child who has severe car accident injuries that will require long-term medical care into adulthood.

What If the Driver Who Caused the Accident Had No Insurance?

If the at-fault driver doesn’t have insurance, your state-mandated uninsured motorist (UM) policy would step in. UM coverage pays for you and family members in your household who are riding in the insured vehicle.

A claim under your UM coverage proceeds essentially the same as a typical at-fault claim, except your insurance company is playing the part of the at-fault driver’s policy provider. You can file a claim against UM coverage to pay for your child’s medical expenses and recover financial compensation for their pain and suffering due to injuries.

What Is the Statute of Limitations for a Minor Injured in a Car Accident in North Carolina?

The time limit for filing a personal injury claim in North Carolina is three years from the date of injury. This three-year time limit applies to parents or guardians filing a claim to recover medical expenses for their child’s injury.

However, a different timing rule limits lawsuits for the minor’s pain and suffering. When a minor is hurt in North Carolina, the law pauses or tolls the three-year counter until their 18th birthday. So, minors effectively have until their 21st birthday to file a lawsuit for losses due to car accident injuries.

Contact a North Carolina Car Accident Lawyer

Car accidents involving children can introduce several complications that are exceptionally difficult to untangle without an attorney. The Law Offices of John Drew Warlick, P.A., has over three generations of attorney experience and has recovered millions of dollars for car accident victims in North Carolina. We can help you demand the compensation you and your child need to heal and rebuild.

You shouldn’t settle for less when your child’s health and well-being are on the line. Contact us online or call today for a free consultation with a car accident attorney in North Carolina. Our offices are open 24/7. So, reach out anytime that is convenient for you.

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Robert Warlick

Robert “Bob” Warlick was born and raised in Jacksonville, North Carolina. He graduated from Jacksonville High School and attended the University of North Carolina at Wilmington and Campbell Law School, where he was awarded his Juris Doctorate. Bob has been practicing law in Jacksonville since 1997 with extensive experience litigating claims involving motor vehicle accidents resulting in serious personal injury or death. He has also litigated numerous cases involving complex insurance coverage issues and first-party bad faith insurance claims.