What Happens When Children Are Hurt in A Wreck In North Carolina?
Key Highlights:
- What happens when children are hurt in a wreck in North Carolina? Children may seem to be OK immediately after an accident; however, they may develop symptoms later.
- Car accidents are one of the top causes of injury and death of children in America today.
- Kids under 7 years old have no responsibility under North Carolina statutes for causing an accident.
- While a minor cannot file a lawsuit on their own, a parent can sue on their behalf immediately following a crash.
- Otherwise, North Carolina law pauses the child’s personal claim until they turn 18, giving them until age 21 to file.
- Any money awarded to a child will require the approval of a North Carolina judge.
Two separate things occur simultaneously when a child is injured in an accident. First, immediate medical care after car accident child is provided, and second, a legal claim is being processed, which differs from the process for an adult’s claim.
Knowing how injuries to children occur resulting from an accident and what happens when children are hurt in a wreck in North Carolina, is important because North Carolina law gives minor children additional protection under the law and more time to pursue their legal rights. The car accident lawyers at Tatum & Atkinson Law Firm will take care of the medical and legal issues that exist due to your child’s injury so that you, the family, can devote time and energy to healing.
Secure your child’s recovery. Contact Tatum & Atkinson Law Firm at (800) 529-0804 today for a free telephone consultation to ensure that your child can make a full recovery!
Why Children Are Hurt Differently
A child’s body is different from an adult’s. While their heads are larger relative to their bodies, in fact, all of their bones are still developing, so crash forces will affect them differently than an adult because seat belts/airbags are built for adult-sized bodies.
According to the CDC, motor vehicle crashes are one of the top three causes of death in children, and in 2023, there were over 142,000 children who required medical treatment due to a vehicle crash. Because of these facts alone, a child’s injuries should not be brushed off as just another “been there, done that” by the side of the road.
What Happens When Children are Hurt in a Wreck in North Carolina Medically
Emotional trauma child accident differs from that of adults, and so an assessment will require additional time.
Common Injuries in Children
Some common crash-related types of injuries that occur in children are traumatic brain and head injuries from striking an interior surface, breaks to bones, and abdominal or internal injuries caused by a lap belt, which is sometimes referred to as “seat-belt syndrome.” Children frequently sustain facial and dental injuries due to their sitting position, which places them closer to the back of the seat and lower.
Emergency and Pediatric Care
Providers who are properly trained to manage and treat pediatric trauma should evaluate children. A pediatric patient’s vital signs and response to injury differ from those of an adult. Children may appear clinically stable while they compensate for internal injuries. Close observation in the early hours after child car accident injury NC is essential.
Symptoms That Show Up Later
Young children do not have the ability to adequately express their discomfort, and symptoms related to injuries, such as concussions, internal bleeding or swelling, can take hours or even days to become apparent. If your child is not exhibiting any of the following signs at the accident scene but does exhibit them at a later time, they should be evaluated by a medical professional: a new headache, vomiting, excessive sleepiness, belly pain, or any changes in the child’s behavior.
The Emotional Aftermath
Injuries to children extend beyond just physical harm. For example, many children develop a fear of cars, experience nightmares, become clingy, or revert to infancy. Additionally, there are children who don’t necessarily exhibit signs or symptoms, but nevertheless meet the criteria for having post- traumatic stress.
Because children tend to express their distress through behavior rather than words, these signals will often be overlooked. Counseling is an established avenue of recovery as well as part of any pediatric injury claim.
How Insurance Handles a Child’s Claim
The injury of a child is typically compensated through the liability insurance of the driver who caused the injury; however, if there are limits, you can rely on your own insurance under an underinsured motorist.
Insurance adjusters may also attempt to minimize the seriousness of a child’s injury by pointing out how fast children heal; this leads to pressure to settle quickly, usually without the parents being able to fully understand the extent of their child’s injuries.
The need to close the claim file quickly is exactly why there needs to be an appropriate amount of patience and time taken to properly account for a child’s future needs when settling a claim.
What Is Different About a Child’s Legal Claim
In North Carolina, child injury cases provide statutory protections to delay the determination of fault, allow for a longer time limit to file a claim and require court approval of any settlement.
A Young Child Cannot Be at Fault
North Carolina has a contributory negligence system, which means an adult who is found even 1% at fault cannot recover anything. Minors are treated differently from adults. According to North Carolina law, a minor under 7 is incapable of being negligent. A minor between the ages of 7 and 14 is presumed not to be negligent. This is important because an insurance company will attempt to place blame on the minor for failing to buckle in the seatbelt or running out into traffic.
The Deadline Is Paused
An adult has 3 years to bring a lawsuit in North Carolina. For minors, the time limit to file suit is extended under N.C.G.S. § 1-17 until the minor reaches age 18. Therefore, a minor has until age 21 to file their lawsuit. The only issue is that the separate claim against the parent for medical expenses incurred by the minor must be filed within the normal 3-year timeframe; otherwise, the family loses the opportunity to recover medical expenses.
A Court Protects the Settlement
A minor cannot enter into a binding contract in North Carolina. Any settlement of a minor’s claim must be approved by the court, and a guardian ad litem must be appointed to represent the minor to ensure that the settlement is in the best interest of the minor. The guardian ad litem will oversee the litigation process, and the Clerk of Superior Court will place the funds in an interest-bearing account until the minor reaches age 18, when the funds will be released to the minor.
What a Child-Injury Claim Can Recover
The child’s lawsuit will include past and future medical expenses, pain and suffering, permanent disfigurement and lost wages from an injury.
The most difficult to predict from an injury is the future cost of medical treatment and the loss of earning power for the injured child, which will form a big portion of the compensation granted.
Examples of how costs can be estimated are through using a pediatrician, child psychologist, and life care planner to develop long-term forecasts for the total cost of caring for a child due to the injury and to ensure the settlement grows as the child grows, not just current medical costs.
Protecting Your Child After a North Carolina Car Accident
It can be very difficult to watch your kid suffer from an accident while trying to manage your bills and your insurance. Understanding what happens when children are hurt in a wreck in North Carolina and how NC law protects children is an important step. Getting a legal consultation costs nothing, and it’s best to begin the claims process before the evidence disappears.
Since 2006, Tatum & Atkinson has been representing injured families all across the state. We are known as “The Heavy Hitters,” and we take the time to properly handle child injury claims, accounting for future care, fighting with insurance representatives, and managing the steps to get your case approved in court so that you don’t have to go through it alone.
Get help today by calling (800) 529-0804 and getting a free consultation from our trusted North Carolina personal injury lawyers. We work on a contingency basis; you will not owe us anything unless we get your claim paid.
Frequently Asked Questions
My child seems fine after the crash. Do we still need a doctor?
Children can’t always communicate about their injuries or pain. Car crash child injuries can take time to develop, such as a concussion or internal bleeding. Getting evaluated quickly helps keep your child healthy and also creates documentation for any injuries if discovered later.
Can the insurance company blame my child to reduce the claim?
An experienced lawyer will push back on an adjuster when the adjuster is pressuring them to prove liability against a child under seven years old. According to North Carolina law, children under seven years of age cannot be held liable, and older children are presumed not to be held liable.
How long do we have to file for our child?
A minor’s right to claim will usually be put on hold until they can assert it (usually once they turn 18), which typically provides them with about until the time they are 21 years of age to do so. However, the 3-year statute of limitations applies to a parent’s claim for the reimbursement of their child’s medical expenses.
Will we have to go to court for a child’s settlement?
The court approval process almost always takes place, especially where the case settles amicably (through negotiation). The requirement includes a hearing with a judge and a guardian ad litem to validate the fairness of the settlement to the child.
What does hiring a lawyer cost?
No money is required upfront before the case is resolved; all cases are on a contingency basis, meaning you pay nothing until you recover money. The first consultation is free of charge.
