Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
According to the NHTSA’s 2023 child-crash data, an estimated 161,478 children were injured in traffic crashes nationwide. Such numbers highlight how important it is to understand what happens when a child is injured in a car accident in Louisiana.
Unlike adult victims, children often require specialized medical care, long-term monitoring, and additional legal safeguards during the claims process. Understanding how Louisiana law handles child-injury cases is critical to protecting a child’s rights and ensuring their future well-being.
This guide will walk you through everything parents or guardians need to know after a car accident involving a child in Louisiana. It covers everything from the first steps at the crash scene to securing fair compensation through a court-approved settlement.
How Car Accidents Can Affect Children
Children are more susceptible to serious injuries in car crashes than adults because their bones, muscles, and organs are still developing. Even with proper restraints, the sudden force of a collision can cause broken bones, concussions, internal injuries, or long-term developmental complications. New Orleans car accident lawyers understand the unique challenges of child injury cases and can help families pursue the full compensation needed for medical care and future support.
The effects are not immediately visible in some cases. A child might appear fine but later develop symptoms of emotional trauma or delayed pain. Parents must be proactive in seeking both physical and psychological evaluations, even after minor crashes.
Early medical treatment, therapy, and follow-up care are essential for both recovery and documentation of any long-term effects that may impact a legal claim.
What to Do Immediately After a Crash Involving a Child
Ensuring that a child receives medical attention whether at the scene or at a hospital should always be the first step after a motor-vehicle collision. Do not assume a child is unharmed simply because there are no visible injuries; internal bleeding or concussions can appear later.
After addressing safety, parents or guardians should:
- Photograph the crash scene, vehicle damage, and visible injuries.
- Gather contact information for any witnesses.
- Keep copies of hospital records, medical bills, prescriptions, and insurance communications.
In Louisiana, the statute of limitations for personal injury claims is generally one year, but this period is paused (“tolled”) if the injured person is a minor.
Legal Process for Child-Injury Claims in Louisiana
A child cannot file an insurance claim or lawsuit independently. A parent or legal guardian must do so on the child’s behalf.
Under the Louisiana Civil Code, courts require judicial oversight of any settlement involving a minor. If there is no legal guardian available, the court may appoint a tutor ad hoc or curator to protect the child’s interests. Judges review settlements to confirm they are in the child’s best interest and that funds are safeguarded for future use.
Typical recoverable damages include:
- Emergency and ongoing medical costs
- Pain and suffering
- Therapy or counseling expenses
- Long-term disability or educational disruptions
When the Court Gets Involved: Settlements for Minors
Louisiana law mandates court approval for any car-accident settlement involving a minor, even when both parties agree to the terms. This ensures the funds are used solely for the child’s benefit.
Judges may request medical records, expert assessments, and proposed financial plans. Often, the settlement is placed in a court-approved account or structured annuity, with withdrawals restricted until the child reaches adulthood or specific medical needs arise.
If no guardian is available, the court appoints a representative to oversee the child’s interests.
Louisiana’s Child-Passenger Safety Laws
Complying with car-seat and restraint laws not only protects children’s safety but can also influence how liability is determined in an accident claim.
Louisiana Revised Statute § 32:295 details specific restraint requirements for children under 13.
Here’s a quick look at Louisiana’s current child restraint laws:
| Child’s Age | Required Restraint | Seating Requirement |
| Under 2 | Rear-facing seat | Back seat only |
| 2 – 4 | Forward-facing seat | Back seat preferred |
| 4 – 9 | Booster seat | Back seat preferred |
| 9 – 12 | Seat belt | Back seat mandatory |
| 13+ | Seat belt | Front seat allowed |
What Kind of Compensation Can a Child-Injury Claim Include?
Compensation may include both economic and non-economic damages.
- Economic damages: Medical bills, rehabilitation, therapy, medication, and ongoing care costs.
- Non-economic damages: Pain and suffering, emotional trauma, and loss of quality of life.
Psychological injuries such as anxiety or PTSD diagnosed by a licensed professional — may also be considered.
If the injury affects schooling or daily activities, courts may include related accommodations or long-term support in their assessment.
A Closer Look at New Orleans Car Accidents Involving Children
Urban areas like New Orleans present unique challenges: dense traffic, narrow roads, and high pedestrian activity. Courts may consider these factors including seat-belt use, driver negligence, and intersection design when evaluating cases involving children.
Understanding these dynamics helps families recognize how local conditions influence liability and settlement approval.
Frequently Asked Questions
Who files the injury claim if the child is a minor?
A parent or legal guardian files the claim. If none is available, the court appoints a tutor ad hoc to protect the child’s interests.
How long do I have to file a claim for my child in Louisiana?
Generally one year, but the period is paused while the injured person remains a minor.
Can we settle a child-injury claim without going to court?
No. Louisiana law requires judicial review and approval of all settlements involving minors.
Does it matter if the child wasn’t in a car seat?
Yes. Failure to follow Louisiana’s child-restraint laws can affect fault determination and potentially reduce recoverable compensation.
What if the child was partially at fault?
Louisiana’s comparative-fault system allows recovery even when partial fault exists, though damages are reduced proportionally.
Understanding Your Options After a Child Injury in a Car Accident
Accidents involving children raise serious legal and emotional questions. If your child was injured in a car accident in Louisiana, knowing your rights is the first step toward justice and healing.
Alvendia, Kelly & Demarest Law Firm has helped New Orleans families navigate these complex situations with care and legal clarity. If you’re unsure what to do next, we’re here to help.
Reach out for a free consultation to understand your options and protect your child’s future.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
