Partner at AKD Lawyers
Practice Areas: Personal Injury
Few things are harder for a parent than seeing a child hurt in a crash. On top of the emotional weight, you have to handle medical treatment, insurance, and Louisiana’s special rules for recovering compensation on a child’s behalf.
This guide explains how the process works, what the law requires, and how parents can protect a child’s right to fair compensation. A New Orleans car wreck attorney can guide you through the court steps unique to minors, but understanding the basics helps you make confident decisions from the start.
How Compensation Works For Minors
When a child is injured in a crash, the claim accounts for both immediate and long-term effects. Parents or guardians can pursue several categories of damages, including medical expenses, pain and suffering, future treatment needs, and emotional trauma.
Louisiana treats children differently from adults because they cannot represent themselves or fully understand legal proceedings. Two protections stand out the filing deadline is paused during childhood, and any settlement must be court-approved.
How Long Does a Child Have to File a Car Accident Claim?
Louisiana’s prescriptive period for personal injury is now two years from the date of injury for crashes on or after July 1, 2024 (La. Civ. Code art. 3493.11), up from the old one year. For a minor, that clock is generally suspended while the child is under 18.
In practice, that means a child injured in a crash typically has until roughly two years after turning 18 to bring their own claim. Most parents, though, file on the child’s behalf much sooner, both to preserve evidence and to get the child the care they need.
Either way, do not assume you have unlimited time, since specific facts can change the analysis.
What Happens if the Injured Person Is a Child?
A child cannot file a personal injury claim on their own. Instead, a parent or legal guardian brings the claim on the child’s behalf. If the case settles, a Louisiana court must usually approve the agreement to make sure it protects the child’s interests. Depending on the circumstances, the court may also appoint a tutor or guardian ad litem.
The court also decides how the settlement funds will be handled. In many cases, the money is placed in a trust or structured settlement until the child reaches adulthood, although funds may be released earlier for approved expenses such as medical care.
Keep Records From the Beginning
Good records can make a significant difference in a child injury claim. Save medical records, treatment plans, prescriptions, receipts, and any bills related to the injury. If the child receives counseling or other mental health treatment, keep those records as well.
If you’re able to do so safely, take photos of the accident scene, the vehicles involved, and the child’s injuries. The police report and witness information can also become important if there’s a dispute about what happened.
Why Child Injury Claims Can Be More Complicated
These claims are more complex than standard car accident cases. Parents often face delayed recognition of symptoms, uncooperative insurers, and difficulty estimating long-term care costs. Insurers may dangle a quick settlement that looks fair but ignores ongoing treatment, emotional recovery, or educational support a child might need.
Emotional and psychological harm can be just as serious as a physical injury and may last for years, so therapy, counseling, and rehabilitation costs all belong in the compensation picture.
How Comparative Fault Applies To Children
Louisiana uses comparative fault, which reduces compensation when the injured party shares responsibility. For crashes on or after January 1, 2026, recovery is reduced by your share of fault and barred at 51% or more (La. Civ. Code art. 2323).
With minors, though, courts weigh a child’s age and capacity. A young child is not held to the same standard of caution as an adult, so fault is far less likely to be assigned to them.
| Aspect | Adult claim | Minor claim |
|---|---|---|
| Filing deadline | 2 years from injury (2024+) | Suspended during childhood; ~2 years after turning 18 |
| Who files | The injured adult | Parent or legal guardian |
| Court approval | Not required | Required for any settlement |
| Compensation focus | Economic + non-economic | Adds long-term care and emotional impact |
| Funds distribution | Direct to claimant | Usually held in trust or structured settlement |
Frequently Asked Questions
Who files a car accident claim for a child in Louisiana?
A parent or legal guardian files the claim on the child’s behalf. If the case settles, the agreement usually must be approved by the court.
What compensation can an injured child receive?
A claim may include medical expenses, pain and suffering, future treatment, rehabilitation, emotional harm, and other losses related to the injury.
Why does a judge have to approve the settlement?
Louisiana courts review a child’s settlement to make sure it is fair and that the money will be managed in the child’s best interests.
How long does a child have to file a claim?
Louisiana generally pauses the filing deadline while the injured person is a minor. In many cases, the child has about two years after turning 18 to file their own claim.
What if the child’s injuries don’t appear right away?
That can happen with some injuries. If a doctor connects the later symptoms to the accident, they may still be considered as part of the claim.
Talk to a New Orleans Car Accident Lawyer
Recovering compensation for an injured child takes care, documentation, and a clear grasp of Louisiana’s special rules. If your child was hurt in a crash, Alvendia, Kelly & Demarest can help you protect their rights and their future.
Call (504) 200-0000 for a free consultation. There is no fee unless we win. Schedule yours today.
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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.
