What if My Child Is Injured in a Car Accident in North Carolina?

Nothing is more terrifying than seeing your child injured in a car accident. In that moment, your world stops—all that matters is their safety and recovery.

Once the initial shock subsides, you’re faced with medical decisions, insurance questions, and legal considerations that most parents are completely unprepared to handle. What rights does your child have? Who pays for their medical care? How do you ensure they receive fair compensation for their injuries?

At DeMent Askew Johnson & Marshall, we understand the unique challenges parents face when a minor child is involved in a car accident. Let’s walk through what you need to know if your child has been injured on North Carolina roads.

Immediate Steps When Your Child Is Injured in a Car Accident

1. Seek Immediate Medical Attention

Even if injuries appear minor, children should always be examined by medical professionals after a car accident. Children often can’t articulate their pain or symptoms clearly, and some serious injuries may not show immediate symptoms.

Be particularly watchful for:

• Unusual sleepiness or difficulty waking
• Vomiting
• Balance or coordination problems
• Unusual irritability
• Complaints of headache or neck pain
• Changes in behavior or personality

2. Document Everything

Create a detailed record of your child’s injuries and recovery:

• Photos of visible injuries at different stages of healing
• Medical records and treatment recommendations
• Missed school days and activities
• Changes in sleep patterns, behavior, or emotional state
• Comments from the child about pain or limitations

3. Notify Insurance Companies

Report the accident to your auto insurance company promptly, but be careful about giving recorded statements or accepting early settlement offers for your child’s injuries.

4. Consult with an Attorney

Because children have special legal protections in North Carolina, it’s advisable to consult with an experienced personal injury attorney who understands these unique considerations.

How Child Injury Claims Differ from Adult Claims in North Carolina

When a child is injured in a car accident, several important legal distinctions come into play:

Extended Statute of Limitations

While adults have three years to file a personal injury claim in North Carolina, the statute of limitations for minors is extended. The three-year clock doesn’t start ticking until the child turns 18, giving them until their 21st birthday to file a claim.

This extended timeframe allows for:

• Complete assessment of long-term or developmental injuries
• Full understanding of how injuries affect the child’s growth and development
• Proper documentation of all medical expenses and impacts

Court Approval Requirements

Unlike adult settlements, any settlement involving a minor child in North Carolina requires court approval. This process, known as a “minor settlement hearing” or “friendly suit,” ensures the settlement is in the child’s best interest.

The court will review:

• The fairness of the settlement amount
• How the funds will be protected until the child reaches adulthood
• Attorney fees and costs
• Allocation of funds for medical bills and other expenses

Structured Settlements vs. Lump Sums

For larger settlements, the court often approves structured settlements that provide payments over time rather than one lump sum. These structured settlements can be designed to:

• Provide funds for college education
• Release payments at specific age milestones
• Cover anticipated future medical needs
• Provide lifetime income in cases of permanent disability

Common Car Accident Injuries in Children

Children are particularly vulnerable to certain types of injuries in car accidents due to their size, developing bodies, and position in the vehicle:

Head and Brain Injuries

Children have larger heads relative to their bodies and weaker neck muscles, increasing their risk for traumatic brain injuries in crashes. Symptoms may include:

• Confusion or disorientation
• Memory problems
• Attention deficits
• Learning difficulties
• Behavioral changes
• Seizures

These injuries can have long-term impacts on academic performance, social development, and future earning potential.

Spinal Injuries

Children’s developing spines can be severely damaged in car accidents, potentially causing:

• Herniated discs
• Spinal cord injuries
• Paralysis
• Growth plate damage affecting future development

Psychological Trauma

The emotional impact of a car accident can be significant for children, potentially resulting in:

• Post-traumatic stress disorder (PTSD)
• Anxiety about riding in vehicles
• Sleep disturbances
• Regression in developmental milestones
• Fear and phobias

Orthopedic Injuries

Children’s bones are still growing, making them susceptible to:

• Growth plate injuries that can affect development
• Fractures that heal differently than adult bones
• Joint injuries with long-term implications

Insurance Considerations for Child Car Accident Victims

Med Pay Coverage

Medical Payments coverage (Med Pay) on your auto policy can provide immediate coverage for your child’s medical expenses, regardless of who caused the accident. This coverage typically ranges from $1,000 to $10,000 and pays without deductibles or copays.

Health Insurance Coordination

Your child’s health insurance will cover accident-related medical treatment, but they may place a lien on any settlement to recover their payments. An experienced attorney can often negotiate these liens to maximize your child’s recovery.

Liability Claims Against At-Fault Drivers

If another driver caused the accident, their liability insurance should cover your child’s:

• Medical expenses
• Pain and suffering
• Disability or disfigurement
• Loss of normal childhood experiences
• Future impacts and expenses

Uninsured/Underinsured Motorist Coverage

If the at-fault driver has insufficient or no insurance, your own Uninsured/Underinsured Motorist coverage becomes critical for protecting your child’s financial recovery.

Calculating Fair Compensation for an Injured Child

Determining appropriate compensation for a child injured in a car accident is more complex than for adults. Considerations include:

Current and Future Medical Expenses

Children may require:

• Ongoing treatment throughout development
• Future surgeries as they grow
• Specialized pediatric care
• Therapy and rehabilitation
• Adaptive equipment that needs replacement as they grow

Developmental Impacts

Injuries can affect a child’s:

• Educational progress and potential
• Social development
• Participation in sports and activities
• Independence and self-care abilities
• Future earning capacity

Pain and Suffering

North Carolina allows compensation for a child’s physical and emotional suffering, which might include:

• Physical pain from injuries
• Emotional distress
• Loss of enjoyment of childhood activities
• Anxiety, depression, or PTSD
• Scarring or disfigurement

Lifetime Economic Impact

Serious injuries can affect a child’s entire economic future, potentially reducing:

• Educational attainment
• Career options
• Lifetime earning potential
• Ability to live independently

How Child Car Accident Settlements Work in North Carolina

When a child recovers compensation for car accident injuries in North Carolina, the funds must be protected until they reach adulthood. Options include:

Structured Settlements

Payments arranged over time to provide for specific needs as the child ages.

Court-Supervised Accounts

Funds placed in restricted accounts that require court approval for withdrawals before the child turns 18.

Special Needs Trusts

For children with disabilities, these specialized trusts protect settlement funds while maintaining eligibility for government benefits.

College 529 Plans

Portions of settlements can be invested in tax-advantaged education accounts.

Parents typically cannot access these funds for their own use—they are preserved exclusively for the child’s benefit.

How DeMent Askew Johnson & Marshall Can Help Your Injured Child

If your child has been injured in a North Carolina car accident, our experienced attorneys understand both the emotional and legal complexities involved. We provide:

• Child-focused representation that considers long-term developmental impacts
• Comprehensive case building with pediatric medical specialists
• Skilled negotiation with insurance companies and medical providers
• Court approval guidance for minor settlements
• Future planning for your child’s ongoing needs and financial security

Protect Your Child’s Future After a Car Accident

The injuries your child suffers today could affect them for years or even decades to come. Making sure they receive fair compensation isn’t about being litigious—it’s about securing the resources they need for proper treatment, support, and future opportunities.

At DeMent Askew Johnson & Marshall, we approach child injury cases with special care and attention. We understand that your priority is your child’s well-being, and we work diligently to ensure they receive the compensation they deserve while you focus on their recovery.

Contact us today for a free, confidential consultation about your child’s car accident case. We’ll explain your options, answer your questions, and help you take the next steps toward protecting your child’s future.