Child Injured in a Car Accident? What Parents Need to Know

Every hour in the United States, nearly 150 children under the age of 19 are treated in emergency departments for injuries sustained in car accidents. What’s more, transportation-related injuries are the leading cause of fatal injury for children ages 1-18 in Michigan. At Sinas Dramis Law Firm, our attorneys are experts in advocating for victims of car accidents caused by an at-fault driver, and we understand how devastating it is to watch your child suffer due to someone else’s negligence. That’s why it’s important for parents to know their child’s rights under Michigan law, in the event they are severely or fatally injured in a car accident.

Grand Rapids car accident attorney Tom Sinas provides an overview of personal injury claims involving children, in Fox 17’s Know the Law segment sponsored by Sinas Dramis Law Firm.

Children’s Car Accident Injury Claims Are Different from Adult Claims

Injury claims involving children—including those due to car accidents caused by an at-fault driver—are handled differently than those involving adults. For starters, minors (anyone under 18) cannot file a lawsuit on their own. A parent or legal guardian must act on their behalf as a “next friend” or representative in legal proceedings. Additionally, the legal system recognizes that children may suffer differently than adults and need added protections, which is reflected in how courts and insurance companies approach these claims.

What Types of Damages Can Be Recovered?

If your child is injured in a car accident due to someone else’s negligence, you may be able to recover damages on their behalf, such as:

• Medical expenses: Including both past and future treatments, surgeries, therapy, and rehabilitation.
• Pain and suffering: For the physical pain and emotional trauma your child has endured.
• Loss of normal life: If your child’s injury limits their ability to participate in activities, sports, or education.
• Future loss of earning capacity: In cases of severe injury, if your child may not be able to work or earn a living as they would have otherwise.

Parents may also be entitled to compensation for out-of-pocket expenses and time off work taken to care for the child.

Statute of Limitations: More Time, But Don’t Wait

In Michigan, the statute of limitations for personal injury claims is generally three years from the date of the injury. However, for children, the clock doesn’t start ticking until they turn 18, giving them until age 19 to file a lawsuit in most cases.

While this extended timeline might seem like a cushion, we strongly advise parents not to delay. Over time, evidence can disappear, witnesses’ memories can fade, and records can get lost. Acting quickly helps ensure the best chance of a successful claim.

Court Approval Is Required for Settlements in Child Injury Claims

Another key difference in child injury claims is that any settlement reached must be approved by a court, even if all parties agree on the amount. The judge’s role is to ensure the settlement is fair and in the child’s best interest. Typically, the funds from the settlement are placed into a protected account or trust and are only accessible by the child once they reach adulthood, unless court approval is granted for earlier withdrawals.

This system is designed to protect the child and make sure the money is used for their benefit.

Choosing the Right Legal Help After a Car Accident

Because of the complexities involved in child injury claims—both emotional and legal—it’s important to work with an experienced attorney who understands how to navigate the process and advocate for your child’s best interests.

At Sinas Dramis Law Firm, we’ve been representing Michigan families involved in car accidents and other personal injury accidents for over 70 years. We approach every case with compassion, diligence, and an unwavering commitment to justice. When a child is hurt due to another’s negligence, our attorneys work closely with families to guide them through the process and fight for the compensation and justice their child deserves.

What Should You Do if Your Child Is Injured in a Car Accident?

If your child is injured in a car accident, here are a few steps to take right away:

• Get medical attention immediately, even if injuries seem minor.
• Document everything—take photos of injuries, the accident scene, and anything else that could be useful.
• Report the incident to the police.
• Avoid speaking with insurance adjusters before consulting a lawyer.
• Call a trusted personal injury attorney to discuss your rights and options.

No amount of money can erase the pain of seeing your child suffer, but holding the responsible party accountable can help your family move forward. At Sinas Dramis Law Firm, our Grand Rapids car accident lawyers, Lansing auto accident attorneys, Ann Arbor personal injury attorneys, Kalamazoo personal injury lawyers, and our team in St. Clair Shores are here to help Michigan families every step of the way, no matter where you live in the state.

If your child has been injured and you’re unsure what to do next, reach out to us for a free consultation. As Michigan’s advocates for the injured, we’ll listen, explain your options, and stand beside you.