When a child is injured in a car accident, the legal process of seeking justice becomes more complex than it is for adults. In Kentucky, special rules apply to cases involving minors—particularly when it comes to statutes of limitations, damage awards, and the role of guardians. Parents or legal representatives often find themselves unsure of how to move forward, especially when emotions and medical bills are high.
This guide breaks down what families in Kentucky need to know when navigating a car accident lawsuit involving a child. From understanding liability to pursuing long-term compensation, we explain the key steps with clarity—minus the legal jargon.
Understanding Liability When a Minor is Involved
Liability in a car accident case works the same regardless of the age of the victim—Kentucky follows a "pure comparative fault" model. This means any party involved in a crash, including the victim, can recover damages even if they're partially responsible. However, children are treated differently when assessing fault.
- Children under seven are presumed incapable of contributory negligence.
- Children aged seven to 14 may be found partially responsible, but only if their actions were unreasonable for their age.
- Teens aged 14 and older are more likely to be held to adult standards of responsibility in certain scenarios.
That distinction matters when insurance companies try to reduce payouts by attributing some level of fault to the injured party. A lawyer representing a minor must push back against any unfair fault assignment that might reduce a child's recovery.
Filing on Behalf of a Minor: Who Has the Legal Standing?
Because minors cannot file lawsuits on their own, a parent or legal guardian must initiate the claim on their behalf. This person is known as a "next friend" or legal representative in court filings. The parent or guardian essentially steps into the legal shoes of the child, managing decisions throughout the case.
It's important to note that any settlement reached must be reviewed and approved by a Kentucky court. The judge will determine if the settlement is fair and in the best interest of the child. Funds over a certain amount may also be placed in a restricted account or structured settlement that the child can access upon turning 18.
What Damages Can Be Recovered in a Child Injury Claim?
In Kentucky, compensation in a child car accident lawsuit can include both economic and non-economic damages. Here's how those typically break down:
- Medical expenses: Includes past and future treatment, surgeries, physical therapy, and any rehabilitation needed for long-term injuries.
- Pain and suffering: Though harder to quantify, courts consider the child's experience of trauma, emotional distress, and life disruption.
- Disfigurement or disability: If an injury leaves permanent scars or impairs the child's physical or mental abilities, compensation may be significantly higher.
- Loss of future earning capacity: In serious injury cases, experts may estimate how the injury will impact the child's future job opportunities or income.
Parents may also pursue reimbursement for out-of-pocket costs, including transportation to medical appointments, home care, and missed time at work due to caregiving responsibilities.
Kentucky's Statute of Limitations for Minors
For most personal injury claims in Kentucky, adults must file within one year of the injury. However, the rules are more flexible for minors.
In child injury cases, the statute of limitations is paused (or "tolled") until the child turns 18. This means the child typically has until their 19th birthday to file a lawsuit. But families shouldn't wait that long—witnesses move, evidence fades, and memories blur. Filing earlier allows for a stronger case and quicker access to compensation needed for recovery.
Additionally, if the parents are pursuing reimbursement for their own financial losses—such as medical bills they've paid—that part of the claim may still be subject to the standard one-year deadline.
How Insurance Adjusters Handle Child Injury Cases
Insurance companies take a cautious approach to child injury claims, largely because jury awards in these cases tend to be higher than for adults. Children have their entire lives ahead of them, and jurors often empathize more strongly with their suffering.
That said, insurance adjusters will still attempt to minimize payouts. They may:
- Request detailed medical documentation and downplay future needs
- Offer a low initial settlement, hoping the family is eager to move on
- Dispute the extent of emotional or developmental trauma caused by the crash
Having an experienced attorney means these tactics won't go unchallenged. A good legal team will work with pediatric medical experts, therapists, and even economists to project long-term impacts on the child's health and life trajectory.
Structured Settlements: A Common Tool for Child Injury Compensation
One of the most common ways courts and families handle compensation for children is through a structured settlement. This financial arrangement distributes the payout over time, often starting when the child turns 18. Benefits include:
- Protection from mismanagement: The funds are managed responsibly and cannot be withdrawn prematurely without court approval.
- Tax advantages: Structured settlements often come with tax-free growth.
- Predictability: The family knows exactly how much will be available and when.
Parents may still receive immediate reimbursement for costs they've covered, but the bulk of the compensation is typically secured for the child's future.
Long-Term Impacts: More Than Just Physical Recovery
A child who suffers trauma in a car crash may carry the effects for years. According to the National Institute of Mental Health, children involved in serious accidents often develop anxiety, PTSD, or behavioral changes. If these conditions go untreated, they can disrupt academic performance, relationships, and mental health long after physical wounds have healed.
Because of this, it's important to consider long-term care in the settlement process—not just immediate medical needs. Compensation should account for:
- Ongoing therapy or counseling
- Special education or academic support services
- Future surgeries or adaptive equipment
- Social or developmental delays caused by the injury
Conclusion
Car accident lawsuits involving children in Kentucky come with added responsibilities and greater stakes. Between the longer statute of limitations and the requirement for court-approved settlements, families must navigate a more complex path to justice. However, with the right legal strategy, it's possible to secure the resources a child needs—not just for physical recovery, but for a full and supported future.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Kentucky 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.
Contact us now for a free legal review.