What to Know About Filing a Car Accident Claim for a Child in Ohio
Few experiences are more distressing for a parent than seeing their child hurt in a car accident. Along with the emotional shock and concern for your child’s physical well-being, there are often overwhelming medical decisions to make, mounting expenses to manage, and uncertainty about how to move forward. In situations like these, understanding your legal rights can play a critical role in protecting your child’s future.
Under Ohio law, children who are injured in motor vehicle accidents have the right to seek compensation for their injuries—but because minors cannot legally file claims on their own, it’s up to a parent or legal guardian to act on their behalf. A personal injury claim can help cover immediate medical costs, long-term care needs, emotional trauma, and any lasting effects the injury may have on your child’s quality of life.
Knowing what steps to take—and when—can make a significant difference in both the outcome of the case and your family’s peace of mind during recovery. From legal deadlines to insurance challenges, being informed allows you to make decisions that serve your child’s best interests while managing the realities of life after the crash.
What Should I Do if My Child Is Injured in a Car Accident?
When your child is injured in a car crash, it’s difficult to think clearly, but the actions you take in the hours and days that follow can have a lasting impact on their health and any potential legal claim. Prioritizing both their medical care and the documentation of the incident is key to protecting their rights.
Take the following steps as soon as possible:
- Seek immediate medical attention, even if injuries seem minor. Some serious conditions, like concussions or internal injuries, may not show symptoms right away. A prompt medical evaluation creates a record linking the injuries to the accident, which is critical for any claim.
- Document the accident scene. If it’s safe to do so, take photographs of the vehicles, damage, road conditions, and any visible injuries. This evidence may help establish fault later on.
- Collect witness information. Get the names and contact details of anyone who saw the crash. Their statements could support your version of events.
- Request a copy of the police report. This report typically contains essential details about the accident and can serve as a key piece of evidence.
- Notify your insurance company. Timely notification is required under most policies. Avoid giving recorded statements until you’ve spoken with an attorney.
- Consult with a personal injury lawyer experienced in child injury cases. They can help preserve critical evidence, manage communication with insurers, and advocate for the full compensation your child deserves.
Taking early, informed action ensures your child’s recovery is supported—both medically and legally—and prevents avoidable issues with your claim down the line.
Can I File a Car Accident Lawsuit on Behalf of My Child?
Parents or legal guardians have the legal authority to file a personal injury lawsuit on behalf of a minor child. Since children cannot legally initiate or settle lawsuits themselves, the responsibility falls to you to take legal action when your child has been harmed due to another person’s negligence.
Filing a lawsuit allows you to pursue compensation for damages such as medical bills, pain and suffering, emotional distress, and any long-term impact the injury may have on your child’s future. The first step in this process typically involves identifying who is at fault. This may be straightforward in some cases, such as when a driver ran a red light, or more complex when multiple vehicles or unclear circumstances are involved. An attorney can help gather and evaluate evidence, such as police reports, medical records, and witness testimony.
It’s also important to understand that any settlement involving a child must usually be approved by the court. This ensures the terms are fair and that the funds will be used to benefit the child. Often, the compensation is placed in a restricted account, trust, or structured settlement until the child reaches adulthood, helping protect their financial future.
Pursuing legal action on behalf of your child not only helps secure the resources they need to recover but also holds the responsible party accountable for the harm caused. With the guidance of an experienced attorney, you can confidently navigate this process while focusing on your child’s healing.
How Are Car Accident Claims for Minors Handled?
Car accident claims involving minors follow a slightly different process than those involving adults. Because children cannot legally manage their own claims or agree to a settlement, Ohio law includes specific procedures to ensure their rights and future needs are protected throughout the process.
Parents or legal guardians must act on behalf of the injured child by filing the claim and handling all related legal matters. Even if a settlement is reached with the insurance company, courts often require formal approval to confirm that the agreement is in the child’s best interest. This step provides a safeguard against undervalued settlements, especially in cases where the long-term effects of the injury may not yet be fully known.
Once compensation is awarded, the funds are usually placed into a restricted account or structured settlement. These financial arrangements are designed to ensure the money is preserved and used only for the child’s benefit—such as covering medical care, educational needs, or other expenses related to the injury. Access to these funds is typically limited until the child turns 18, although courts may allow early access for specific needs.
While these added steps offer protection, they also make the claims process more complex. Working with an attorney who understands the legal and financial considerations involved in child injury cases helps ensure every decision made supports your child’s best interests now and in the years to come.
What Types of Compensation Can My Child Receive After a Car Accident?
When a child is injured in a motor vehicle accident, the physical, emotional, and financial impact can be significant. Ohio law allows families to seek compensation for a variety of damages to help support the child’s recovery and future well-being. This compensation may include:
- Medical expenses for emergency treatment, hospital stays, surgeries, physical therapy, and follow-up care
- Future medical costs for long-term treatments, rehabilitation, or necessary medical equipment
- Pain and suffering to account for the child’s physical pain and emotional distress caused by the accident
- Loss of enjoyment of life if the injury prevents the child from participating in activities they previously enjoyed
- Diminished earning capacity in cases where the injury could affect the child’s ability to work or pursue a career later in life
Calculating the full value of these damages can be challenging, especially when the long-term effects of an injury are still unfolding. In many cases, expert medical opinions or financial evaluations are needed to properly assess the extent of the child’s future needs. An experienced personal injury attorney can help ensure that no aspect of your child’s recovery is overlooked or undervalued during the claims process.
What Are the Time Limits for Filing a Car Accident Lawsuit for a Minor?
Ohio law provides different deadlines for personal injury claims involving minors than it does for adults. In most car accident cases, the standard statute of limitations is two years from the date of the accident. However, when the injured party is a minor, that time limit is extended.
For children, the two-year clock generally does not begin until their 18th birthday. This means that in many cases, a child has until age 20 to file a personal injury lawsuit. This extended period allows families time to understand the full scope of the injury and how it might affect the child’s development and future.
Despite the longer deadline, it’s still wise to act as soon as possible. Waiting too long can make it harder to gather evidence, locate witnesses, or draw clear connections between the accident and the child’s injuries. In addition, some claims—particularly those involving a government vehicle or public agency—may be subject to much shorter deadlines and special filing requirements, such as providing formal notice within months of the accident.
Consulting with an attorney early can help you identify which time limits apply, avoid missed deadlines, and preserve your child’s right to pursue compensation.
Compassionate Guidance for Families Navigating Car Accident Lawsuits for Children
Watching your child suffer after a car accident is an experience no parent should have to endure. The physical injuries, emotional distress, and financial uncertainty can leave you feeling overwhelmed and unsure of where to turn. In these moments, having the right legal support can make all the difference.
At Brandon J. Broderick, Attorney at Law, we understand the unique challenges families face after a child is injured in a motor vehicle accident. Our team is committed to providing compassionate guidance and strong legal advocacy for parents navigating these difficult situations. We handle the legal complexities so you can focus on helping your child heal.
If your child has been injured due to someone else’s negligence, contact us today. We are here to fight for your child’s future and help your family secure the compensation you deserve.