The National Highway Traffic Safety Administration (NHTSA) estimates that 156,502 children were hurt in car accidents in the United States in 2022. These children often suffer injuries that impact their lives for years to come. If your child has been hurt, you need to know the average settlement for a child in a car accident.
What Is the Average Settlement Amount for a Car Accident for a Child?
Because each car accident claim is decided based on the individual factors in the case, and many cases are non-public, it’s hard to know the average settlement amount for a car accident for a child. Some minor claims settle in the range of $10,000. More serious injuries may be awarded $100,000. Severe, life-changing injuries may be awarded $1 million or more.
Understanding Average Settlement Amounts for Child Car Accident Cases
Average settlement amounts should not be used to estimate what a child may receive for a car accident case. There are a few reasons why.
- Each case is decided on the individual merits. Injuries vary, along with the law that applies, insurance, and other factors that may impact an award.
- Settlement amounts are not always public. Published information about average settlements is not always accurate, or they may not present a full picture.
- There are likely outliers—claims worth very large or small amounts that alter the statistics significantly.
However, you can understand how car accident settlements work when a claim involves a child.
You can learn what legal steps can help you protect your child.
How Settlements for Children Differ from Adults
Car accident settlement amounts for children differ from adults in two primary respects—the amount of compensation and the way the award is structured.
The amount of compensation
Children who are hurt in car accidents have the same right to compensation as adults. They may seek compensation for their damages, including economic losses and pain and suffering.
Because a child is so young, their life is often impacted for years to come and maybe forever.
A child may need significant medical intervention to minimize permanent injuries. A child who has long-term injuries may need personal care and therapy for years to come. They may be unable to earn an income. Children may be especially susceptible to emotional trauma from a car accident, including anxiety and avoidant behaviors.
These factors can result in relatively high settlement awards.
Note: An award is not guaranteed. A child will not receive a large compensation award just because you are young. Instead, you diligently build the evidence of how the child has been impacted and will continue to be impacted by their injuries. You must refute the suggestion that claimed amounts are speculative. An attorney can help you build the evidence needed for your case.
The structure of compensation
The purpose of a settlement in a child car accident case is to help the child in the years to come. For this reason, compensation is closely monitored by the courts. Court oversight begins with awards valued at $2,500 and higher. An award over $25,000 must be approved by the Circuit Court, while lower amounts may be approved in the Circuit Court or Probate Court.
The court may appoint a conservator to manage the funds. Alternatively, a settlement may be structured for a child, providing periodic payments.
A child’s settlement receives oversight that is not automatic or typical for a claim brought by an adult. These measures safeguard the amount that the child receives from misappropriation.
Factors That Affect Settlement Amounts for Child Car Accident Cases
Factors that may affect a settlement amount for a child car accident case include:
- Severity of injury. The more severe a child’s injuries, the more medical care they are likely to need and the more suffering and impact they may have from their injuries.
- Disability. Long-term disability, disfigurement, and impairment may be compensated.
- Non-economic damages. Physical suffering and emotional anguish may be included in a claim.
- Sources of compensation. Insurance policies typically pay a settlement for a child in a car accident. Policy limits may affect compensation amounts.
- Clarity of fault. Like other car accident claims, the plaintiff must prove that the defense is liable to pay compensation.
Because settlement awards vary so significantly for children, the best way to know what award your child may receive is with a personalized consultation. We invite you to contact Bobby Jones Law to talk about your child’s situation.
Common Types of Injuries in Car Accidents Involving Children
- Paralysis
- Brain trauma
- Broken ribs
- Collapsed lungs
- Cuts and bruises
- Broken bones
- Mental injuries
A child may suffer significant impairment and disability because of their injuries.
The Role of Guardians in Accepting Settlements for Children
A child can’t bring a lawsuit on their own. Instead, they rely on their parents or guardians to represent their interests.
Usually, it’s the parent that stands in the place of the child and makes decisions. If there’s a conflict of interest, the court may appoint someone else.
The guardian makes important decisions, such as when to accept a settlement and how it should be structured. The guardian is not the same as an attorney.
Why Future Medical Costs Are Critical in Child Car Accident Settlements
A child who is hurt in a car accident may need medical care long after the car accident settlement is complete.
Future medical costs must be identified and claimed in the car accident settlement. There is no way to go back and ask for additional amounts after the case is complete, even if circumstances change.
The case will likely involve medical experts. An expert can speak to how injuries will impact the child in the future. Case preparation should include projected costs.
Contact an Experienced Car Accident Lawyer
Are you wondering if your child will receive more or less than the average settlement for a child in a car accident? No two cases are alike. We invite you to contact Bobby Jones Law for a personal consultation about your child’s situation and their case. Call or message us now.
