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 in 2023. Such data highlights how critical 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 legal safeguards during the claims process. Understanding how Louisiana law handles child injury cases is critical to protecting your 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 are. This is 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.
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 your child receives medical care (whether at the scene or a hospital) should always be your first step after a motor vehicle wreck with a child in the car. Don’t assume your child is unharmed just because there are no visible injuries. Conditions like internal bleeding or concussions can develop later.
After addressing safety, document everything you can:
- Take photos of the crash scene, your child’s injuries, and vehicle damage
- Get contact details for any witnesses
- Keep copies of hospital records, bills, prescriptions, and insurance communications
In Louisiana, the statute of limitations for personal injury 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 on their own if they’re injured in a car accident in Louisiana. A parent or legal guardian must file the claim on their behalf.
Under Louisiana Civil Code, courts often require judicial oversight of settlements involving minors. If there’s no legal guardian available, the court may appoint a tutor ad hoc or curator to protect the child’s interests throughout the process.
Under Louisiana law, settlements involving minors must be approved by a judge to ensure the child’s interests are protected.
These claims can cover:
- Emergency and ongoing medical costs
- Pain and suffering
- Therapy or counseling
- Long-term disability or educational disruptions
When the Court Gets Involved: Settlements for Minors
Louisiana law mandates court approval of a car accident settlement when a child is involved. This is true even if both parties agree to the settlement terms. This requirement ensures that the money is used solely for the child’s benefit and that parents or guardians cannot misuse it.
A judge may request medical records, expert assessments, and proposed financial plans. Often, the settlement is placed into a court-approved account or structured annuity. Some funds may be restricted until the child reaches adulthood or the funds are needed for future treatment. The court will assign someone to represent their best interests if the child has no court-appointed tutor or parent available.
Louisiana’s Child Passenger Safety Laws
Following car seat laws in Louisiana is not just about safety. Obeying care safety laws and rules can also affect legal claims. If a child wasn’t properly restrained at the time of the accident, it may impact how liability is determined.
Louisiana Revised Statute § 32:295 outlines specific car seat and restraint requirements for children under the age of 13.
Here’s a quick look at Louisiana’s current child restraint laws:
Louisiana Child Passenger Restraint Laws (as of 2019)
| 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 |
More details can be found directly on the Louisiana State Legislature website.
What Kind of Compensation Can a Child Injury Claim Include?
In Louisiana, compensation for a child injured in a car accident can include both economic and non-economic damages. Economic damages cover measurable costs, such as medical bills, physical therapy, or counseling. Non-economic damages relate to pain and suffering, emotional trauma, and loss of quality of life.
Psychological injuries like anxiety or PTSD are often included in compensation for child injury claims when supported by a licensed professional.
If the injury affects the child’s ability to attend school or engage in everyday activities, those impacts may also be considered. Courts may also consider long-term needs, such as surgery, rehabilitation, or learning accommodations.
A Closer Look at New Orleans Car Accidents Involving Children
Car accidents in New Orleans present unique risks due to heavy traffic, narrow roads, and high pedestrian activity in many neighborhoods. Understanding local traffic conditions can support your claim if your child was injured in a crash here.
New Orleans courts are familiar with these dynamics. They may consider certain factors, such as seatbelt use, driver negligence, or intersection design when determining case outcomes.
Frequently Asked Questions
Who files the injury claim if the child is a minor?
The parent or legal guardian files the claim. The court may appoint a tutor ad hoc to oversee the process and protect the child’s interests if no parent or guardian is available.
How long do I have to file a claim for my child in Louisiana?
Louisiana’s one-year deadline is paused if the injured person is a minor. However, it’s best to take legal action early while evidence and witness information remain available.
Can we settle a child injury claim without going to court?
No. Louisiana law requires that a judge must review and approve any settlement involving a minor.
Does it matter if the child wasn’t in a car seat?
Yes. If Louisiana’s child restraint laws were violated, it could affect how fault is assigned and may reduce the compensation recoverable in the injury claim.
What if the child was partially at fault?
Louisiana follows comparative fault rules. Even if the child shares some blame, they may still recover damages, though the amount may be reduced based on their level of responsibility.
Get Help With a Louisiana Car Accident Case Involving a Child
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.
