Car Accidents Involving Children
Because the average vehicle safety system is built with adult drivers and passengers foremost in mind, children often experience serious injuries in vehicle accidents. These serious injuries may never heal and even in the case of a full recovery, a child may undergo years of rehabilitation and multiple surgeries.
If your child is hurt in a car accident, depend on the experience, sensitivity, and legal knowledge of Lakota Denton to help secure a fair settlement for their injuries. Call the downtown Asheville offices of Lakota Denton today for your family’s free, no-obligation car accident case consultation.
How Are Car Accident Settlements Involving Children Different?
The appointment of a guardian ad litem
The guardian ad litem is a court-appointed neutral third party who will act in your child’s best interests and ensure any settlement in the case represents fair value.
Court approved settlements
In North Carolina child car accident injury cases, a court typically must approve the settlement. The court approval process is different from the traditional negotiation between a car accident lawyer and the insurance adjuster. However, the insurance carrier may waive the court approval in cases with settlements of $5,000.00 or less.
Statute of limitations
The statute of limitations on child injury cases in North Carolina is three years from the day they turn 18. Minors generally have until their 21st birthday to file a car accident injury case.
Parents at fault for their child’s injuries
In car accident cases, a parent driver is often held at fault for their child’s injuries. In these cases, the child’s guardian ad litem can bring claims against the parent’s insurance company for future medical expenses, pain and suffering, and permanent disability.
Contributory Negligence and Child Injuries
A critical element of child car accident injuries in North Carolina is the issue of contributory negligence. Contributory negligence is the doctrine under which, if a person is even slightly responsible for their injuries, they cannot recover a settlement. In North Carolina child injury cases, children under the age of 7 are incapable of contributory negligence and the doctrine would not apply even in cases where a child ran across the street without looking.
Between the ages of 7 and 14, children are presumed incapable of contributory negligence, which means a defense attorney may be able to overcome the presumption if it’s found the injured child did not use the due care and attention other children of the same age may use.
Once the child turns 14, they are presumed capable of contributory negligence. However, an injury attorney may argue before the court the child did not have sufficient capacity or knowledge and therefore contributory negligence should not apply.
Book a Consultation with Car Accident Lawyer Lakota Denton to Discuss Your Child’s Settlement Options
Lakota Denton has helped families throughout Asheville and across North Carolina secure fair car accident settlements for their children. He and his team can help explain your legal options and connect you and your child with medical professionals throughout the region to help them navigate the recovery process.
Book a free, no-obligation consultation by calling (828) 333-5996 or contacting the office online.
FAQs on Child Car Accident Injuries
Who can file a lawsuit on a child’s behalf?
Car accident lawsuits must be filed by either the child’s parents or their Guardian ad litem if the parent played a role in causing the accident.
When can children access their settlements?
Children will be able to access their car accident settlements at the age of 18. Under North Carolina law, their settlement is kept in an interest-bearing fund by the Clerk of the Superior Court. Your car accident attorney can help advise you on settlement structures and their role in protecting your child’s future.
What factors impact the total settlement from my child’s car accident?
Factors most influential on the total settlement from your child’s car accident include the liability of the other driver, the seriousness of your child’s injuries, and the impact of the injuries on their future health and day-to-day life.