Car accidents can be very traumatic experiences for anyone involved, but when children are injured, the emotional toll can be even greater. Parents naturally prioritize their child’s recovery, yet it’s equally important to understand their legal rights to seek compensation for injuries and other damages. Pennsylvania’s legal framework provides specific protections and procedures for children involved in car accidents. Knowing how these laws work can make a massive difference in the outcome of a lawsuit.

Pennsylvania’s Comparative Negligence Law

Pennsylvania operates under a modified comparative negligence system, which means that fault is apportioned among the parties involved in an accident. If the injured person is found to be partially at fault, their compensation is lowered proportionally. For instance, if the child’s legal representative can prove that another driver was 80% at fault, the awarded damages will be reduced by 20%. Importantly, Pennsylvania’s 51% bar rule prevents any party who is more than 50% at fault from recovering damages.

While children may occasionally contribute to accidents, their actions are evaluated differently than adults. Pennsylvania courts often consider factors such as the child’s age, maturity, and ability to understand risk. For example, a younger child may not be held responsible for darting into traffic, as their developmental stage impacts their understanding of danger.

Who Can File a Lawsuit on Behalf of a Child?

In Pennsylvania, minors cannot file lawsuits on their own. Instead, their parent or legal guardian must act as the plaintiff. This person is referred to as the “next friend” of the child in legal proceedings. The lawsuit can include claims for both economic damages (such as medical bills and lost future earning capacity) and non-economic damages (like pain and suffering or emotional distress).

However, a unique aspect of cases involving minors is the court’s oversight of settlements. Pennsylvania courts require judicial approval of settlements involving minors to ensure the compensation is fair and adequate. The approved settlement funds are often placed in a restricted account until the child reaches the age of 18, ensuring the money is used for the child’s benefit.

Statute of Limitations for Minors

One of the most significant protections offered to children in Pennsylvania is the extension of the statute of limitations for personal injury claims. In general, Pennsylvania law sets a two-year deadline to file a lawsuit for car accident injuries. However, for minors, this timeline is “tolled” (paused) until they reach the age of 18. This means that the statute of limitations doesn’t begin to run until the child’s 18th birthday, providing ample time to build a strong case.

While this extended deadline may seem advantageous, it’s not always wise to wait. Evidence, including witness testimony and accident scene details, can degrade over time, which makes it harder to prove liability. Acting promptly ensures a stronger case and better access to crucial evidence.

Compensation for Injuries to Children in Car Accidents

Car accident injuries in children can range from minor bruises to severe, life-altering conditions such as traumatic brain injuries (TBI) or spinal cord damage. The compensation sought in these cases often reflects the extent of the injury, the impact on the child’s life, and anticipated future costs.

Key types of compensation include:

• Medical Expenses: Covering past and future medical fees related to the injury, including surgeries, therapies, and long-term care.
• Pain and Suffering: Pennsylvania law allows claims for the physical and emotional suffering caused by the accident.
• Loss of Earning Potential: If the injury permanently affects the child’s ability to work in the future, this loss can be included in the lawsuit.
• Rehabilitation Costs: Severe injuries often require extensive rehabilitation, including physical and occupational therapy.

Special Considerations in Car Accident Cases Involving Children

Children’s injuries may not present symptoms immediately after the accident. For example, a concussion or internal bleeding may only become evident hours or even days later. Seeking immediate medical attention is crucial, not only for the child’s well-being but also for documenting the injury as part of the lawsuit.

Additionally, children often require specialized care to address emotional trauma. The psychological impact of a car accident—such as post-traumatic stress disorder (PTSD)—can last well into adulthood if untreated. Including psychological treatment costs in the compensation claim is essential for ensuring a full recovery.

Common Defenses and How to Overcome Them

Insurance companies frequently attempt to lessen payouts by employing tactics such as disputing liability or downplaying the extent of the child’s injuries. A skilled attorney can counter these strategies by presenting robust evidence, such as:

• Police reports
• Eyewitness testimonies
• Medical records and expert evaluations
• Accident reconstruction analysis

By demonstrating the severity of the injuries and establishing clear liability, parents can strengthen their child’s case and improve the likelihood of receiving fair compensation.

Tips for Parents Navigating the Legal Process

1. Document Everything: Keep a detailed log of all medical appointments, treatment costs, and communication with insurance companies.
2. Consult an Attorney: Pennsylvania’s car accident laws can be complex, especially when minors are involved. An experienced personal injury attorney will walk you through the process and advocate for your child’s best interests.
3. Don’t Settle Too Quickly: Insurance companies often pressure families to accept low settlement offers. It’s important to understand the full scope of your child’s injuries before agreeing to any terms.

Conclusion

Navigating a car accident lawsuit for a child in Pennsylvania can be overwhelming, but understanding the legal framework and taking the right steps can lead to a successful resolution. By acting swiftly, consulting legal professionals, and prioritizing your child’s well-being, you can help secure the compensation needed for recovery and a brighter future.

If your child has been injured in a car accident, don’t hesitate to seek legal advice. The sooner you act, the stronger your case will be.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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