Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Children are injured in traffic crashes every year. For parents, the concern often goes beyond the first hospital visit. Follow-up treatment, lasting effects, and legal rules that apply to minors can all shape the claim.
This guide explains what Louisiana parents and guardians can expect after a child is injured in a crash, from the first steps at the scene to a settlement that may require court approval. A car accident injury lawyer in New Orleans can help manage the parts of the claim that are unique to children, while our guide on compensation for injured children explains the settlement process in greater detail.
How Crashes Affect Children
Children are more vulnerable than adults because their bones, muscles, and organs are still developing. Even with proper restraints, a collision can cause fractures, concussions, internal injuries, or long-term developmental complications.
Some effects are not visible right away. A child may seem fine, then develop emotional trauma or delayed pain. Parents should be proactive about both physical and psychological evaluations, even after a minor crash.
Early treatment and follow-up care are essential for recovery and for documenting any lasting effects that could matter to a claim.
What To Do Right After A Crash Involving A Child
The first priority is getting the child medical attention, either at the scene or at a hospital. Do not assume they are fine simply because no injury is visible. Problems such as internal bleeding or a concussion may not show symptoms right away.
After safety is handled:
- Photograph the crash scene, vehicle damage, and any visible injuries.
- Gather contact details for any witnesses.
- Keep copies of hospital records, bills, prescriptions, and insurance communications.
The Legal Process For Child-Injury Claims
Because a child cannot bring a claim or lawsuit independently, a parent or legal guardian must act on the child’s behalf. Under the Louisiana Civil Code, any settlement involving a minor is subject to court oversight.
When no guardian is available, the court may appoint a tutor ad hoc or curator to represent the child’s interests. The judge reviews the proposed settlement to make sure it benefits the child and that the money will be properly protected.
Typical recoverable damages include emergency and ongoing medical costs, pain and suffering, therapy or counseling, and long-term disability or educational disruption.
The filing deadline works differently for children. Louisiana’s prescriptive period is now two years for crashes on or after July 1, 2024 (La. Civ. Code art. 3493.11), and for a minor, that clock is paused, or “tolled,” during childhood.
In practice, a child generally has until about two years after turning 18 to bring their own claim, though most parents file much sooner.
Get Your Free Consultation
Court Approval For Minor Settlements
Any car-accident settlement involving a minor in Louisiana must be approved by the court, even if both parties have already agreed on the terms. The purpose is to make sure the settlement serves the child’s interests and that the money is reserved for the child’s benefit.
A judge may ask to review medical records, expert opinions, and a plan explaining how the funds will be managed. The money is often placed in a court-approved account or structured annuity, with access limited until the child becomes an adult or an approved need arises.
Louisiana’s Child-Passenger Safety Laws
Following Louisiana’s restraint requirements helps protect children and may also influence how fault is evaluated in an injury claim. La. R.S. 32:295 outlines the rules for children under age 13:
| Child’s age | Required restraint | Seating |
|---|---|---|
| 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 |
| 13+ | Seat belt | Front seat allowed |
What Compensation Can Include
A child-injury claim can cover more than the first round of medical bills. It may include rehabilitation, therapy, medication, future care, pain, emotional trauma, and changes to the child’s daily life.
Anxiety or PTSD can also be part of the claim when diagnosed by a licensed professional. If the child struggles at school, misses activities, or needs extra support, those effects may matter too.
In New Orleans cases, the court may also look at road conditions, seat-belt use, traffic, pedestrian activity, and the driver’s actions.
Frequently Asked Questions
Who files the claim if the child is a minor?
A parent or legal guardian files it. 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?
The deadline (now two years for crashes on or after July 1, 2024) is paused during childhood, so a minor generally has until about two years after turning 18.
Can we settle a child’s claim without going to court?
No. Louisiana requires judicial review and approval of all settlements involving minors.
Does it matter if the child wasn’t in a car seat?
It can. Not following Louisiana’s restraint laws may affect fault and reduce recoverable compensation.
What if the child was partially at fault?
Louisiana’s comparative fault system still allows recovery, reduced by the share of fault, and courts weigh a child’s age and capacity.
Talk to a New Orleans Car Accident Lawyer
When a child is hurt, you want to focus on their recovery, not on insurance and court procedures. Alvendia, Kelly & Demarest can handle the legal steps unique to minors and help protect your child’s future.
Call (504) 200-0000 for a free consultation. There is no fee unless we win. Reach out today.
Reviewed by J. Bart Kelly, III, Partner at Alvendia, Kelly & Demarest Law Firm.
Categories
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.
