When children are involved in a crash, it is not uncommon for parents to wonder about the settlement amount they will receive. Unfortunately, there is no average settlement for a child in a car accident because these settlements vary based on the exact circumstances of each accident.
There are many factors to consider when determining the value of a claim, including pain and suffering for a child in a car accident. Below, West Virginia car accident settlements are explained in greater detail.
What is the Average Car Accident Settlement for a Child?
A car accident settlement for a child varies depending on many factors. A settlement may be less than $10,000 if a child only suffered minor injuries, such as cuts and bruises. When a child suffers injuries that are more serious, such as broken bones, a settlement could be $50,000 or more. For catastrophic injuries, such as traumatic brain injuries or damage to the spinal cord, a settlement for a child can be $100,000 or more.
When a child suffers permanent injuries, the damages awarded in a car accident settlement can be even greater. This is largely because children have many years in front of them and will require continued care.
What Factors Impact a Car Accident Settlement for a Child?
The most important factor to influence the overall settlement of a car accident settlement for a child is the severity of the injuries they suffered. For example, bruises, cuts, and sprains are not serious injuries. As such, settlement amounts for these injuries are generally lower because the injuries are temporary and require little medical treatment.
There is no such thing as an average car accident settlement for a child because they can vary from hundreds to thousands of dollars.
When children require long-term care, extended hospital stays, or multiple surgeries, a car accident settlement for a child will be much higher.
The cost of future medical care is also factored into car accident settlements. This is true for children, too. Depending on a child’s development and age, they may require years of medical care.
Sometimes, a child may need decades of care. These may include walking aids, wheelchairs, physical training, and long-term medications. These losses can result in a settlement amount with six or seven figures.
Non-economic damages also factor into a car accident settlement for a child. For example, pain and suffering for a child in a car accident are damages awarded to compensate the child for the physical pain and emotional trauma they suffered as a result of the crash.
Are Car Accident Settlements for Children Higher than for Adults?
Yes, car accident settlements for children may be higher than they are for adults, but this is not always the case. Settlements and verdicts are very fact-specific. Claims for both children and adults focus not only on immediate costs, such as medical bills and lost income, but also long-term consequences such as how the injuries will impact their future education or employment, growth, and overall quality of life.
Children who suffer traumatic brain injuries (TBIs) can underachieve in school and experience developmental delays, which can hinder their future career opportunities. These future losses are taken into consideration when the amount of compensation is determined. Injuries that restrict normal mobility or growth of any part of the body, such as the bones or spine, require very long periods of rehabilitation and treatment, which can increase settlement amounts. It is important to have a lawyer who can recognize and appropriately handle such claims, because they are sometimes misdiagnosed by medical professionals to the detriment of the injured person.
Of course, children can suffer extensive emotional trauma because they are not able to work through the psychological impact of a crash.
Settlement amounts, therefore, often include damages for therapy, counseling, and other services to ensure the child’s mental well-being.
Furthermore, courts usually attempt to protect the child’s interests by requiring that the settlement funds be deposited into a structured annuity or trust.
Is the Statute of Limitations Extended for Children?
In West Virginia, the statute of limitations on car accident lawsuits for adults is two years from the date of the crash. Adult accident victims who do not file within this time will forfeit any damages they could have claimed in a lawsuit, with a few rare exceptions. However, children are not considered to have the mental capacity to take legal action. As such, they cannot file a claim or lawsuit on their own after a crash.
In these cases, the statute of limitations is extended to two years after the child’s 18th birthday. They then have until their 20th birthday to file a claim. Prior to that time, their parents can retain an attorney to negotiate the settlement and obtain court approval.
Who Files a Claim After a Car Accident Involving a Child?
Children do not have to wait until they are no longer minors to file a claim after a crash. Instead, their parents or guardians can file one on their behalf. This is often a preferred option, as evidence is less likely to be destroyed and witnesses are more likely to remember what happened.
When parents or guardians file a car accident claim on behalf of their child, the compensation is usually placed in an annuity or trust. However, parents and guardians may be able to file a separate claim for their losses. For example, if a parent lost income because they had to stay at the hospital with their child, they can file a claim based on their lost wages.
In addition, when an adult negotiates a fair settlement after being hurt in a crash, there is no need for a court to review it. When a settlement is negotiated on a child’s behalf, though, this is not necessarily the case. The courts often need to review these settlements to ensure they are in the child’s best interests.
Our West Virginia Car Accident Lawyer Can Help Your Family
If your child has been hurt in a car accident, negotiating a fair settlement is critical. At Kaufman & McPherson, our West Virginia car accident lawyer can help you and your family obtain a fair car accident settlement for a child. Contact us to schedule a free case evaluation with our experienced attorney and to learn more about how we can help your family.
