When a child is injured in a car accident, it can be an overwhelming experience for anyone involved. Along with the emotional and physical toll, families often face significant financial burdens related to medical bills, therapy, and other ongoing expenses, depending on how the accident occurred. You may wonder what the average settlement is for this situation.
In this blog, we will explore the factors that influence the average settlement for a child involved in a car accident, the types of damages that can be recovered, and how working with an experienced Charlotte car accident attorney can help maximize your compensation.
Factors Influencing a Car Accident Settlement
When determining a child car accident settlement in North Carolina, several key factors come into play that significantly affect the overall compensation amount. Understanding car accident claims is crucial in determining the overall compensation amount for a child involved in a car accident.
Severity of Injuries
The severity of injuries plays a critical role in determining the potential settlement value. Minor injuries, such as cuts and bruises, will generally result in smaller settlements, whereas more severe injuries, including broken bones, traumatic brain injuries, and spinal cord damage, can lead to much higher amounts. Children are particularly vulnerable in accidents due to their developing bodies, which can make recovery more complex and costly. Additionally, long-term medical treatments, physical rehabilitation, and ongoing medical care will significantly influence the settlement.
Medical Expenses
Car accident damages are a significant factor in child car accident settlements. Depending on the severity of the injuries, a settlement may need to cover a range of medical services, including ambulance transportation, emergency room visits, surgeries, rehabilitation, and follow-up care. In cases where the child requires long-term care, these costs can quickly escalate, increasing the settlement value. Because children may face unique health challenges during recovery, medical costs for pediatric care can be substantially higher than for adults, which must be considered when negotiating a settlement.
Pain and Suffering
Pain and suffering include both the physical and emotional trauma a child endures as a result of the child’s injuries from the accident. In addition to the physical pain from injuries, children may experience lasting emotional scars, such as anxiety, depression, or fear of traveling in vehicles. These emotional challenges can have a profound effect on a child’s quality of life, affecting their ability to engage in school, interact with peers, and participate in normal activities. Emotional and psychological injuries often require professional therapy and medications, all of which are factored into the final settlement.
Loss of Future Earning Capacity
If a child’s injuries are severe enough to impair their future ability to work, the loss of future earning capacity may be considered in the child’s car accident settlement. This is particularly relevant in cases of permanent disability or conditions that may limit the child’s job prospects in adulthood. Legal professionals will work with medical experts and vocational rehabilitation specialists to estimate how much the child’s future earning potential has been diminished, ensuring that the settlement reflects this long-term financial impact.
At-Fault Driver’s Negligence
North Carolina’s contributory negligence law means that accident victims must be entirely blameless in the accident to receive compensation. If it is found that the child or their guardian contributed to the accident in any way, even minimally, they could be barred from recovering damages. Therefore, establishing the fault of the other driver is crucial to the success of the claim. Clear evidence showing the other party’s liability—such as police reports, eyewitness statements, and accident reconstruction analysis—can increase the likelihood of a favorable settlement.
Lost Wages for Parents
Parents often have to take time off work to care for their injured child, leading to lost wages. In some cases, the severity of the injuries might require the parent to reduce their working hours or leave the workforce entirely to provide full-time care. Lost wages, including lost income, bonuses, and future earning potential, can be included in the settlement to compensate the family for these financial losses, which are often negotiated with the insurance company.
Types of Damages Recovered in Child Car Accident Settlements
In car accident settlements, various types of damages can be recovered to compensate for both the tangible and intangible losses experienced by the child and their family. Understanding the types of damages that can be recovered is essential for effectively pursuing a car accident claim.
Medical Costs
Medical expenses are one of the most significant components of a settlement for a child in a car accident. These costs typically include emergency room visits, diagnostic tests, surgeries, and hospital stays immediately following the accident. For children, medical costs can also involve specialized pediatric care, long-term rehabilitation, follow-up visits, and ongoing treatments. Additionally, depending on the severity of the injuries, future medical expenses may be projected and included in the settlement to account for continued care or therapy as the child grows.
Emotional and Psychological Pain
Children often experience emotional and psychological trauma after a car accident, which can be just as debilitating as physical injuries. Settlements can include compensation for pain and suffering, covering the emotional distress and mental anguish a child might endure. This may include anxiety, depression, or post-traumatic stress disorder (PTSD) that develops as a result of the accident. In many cases, the child may require psychological therapy, counseling, or medication to help manage these emotional challenges, and these costs are considered in the settlement, often with the assistance of car accident attorneys.
Loss of Enjoyment of Life
A child’s quality of life can be significantly impacted following car accidents, particularly in cases of severe injuries. Loss of enjoyment of life refers to the diminished ability to engage in activities that the child previously enjoyed, such as playing sports, attending school, or socializing with friends. If their injuries prevent them from participating in these activities, this loss is factored into the settlement as a form of non-economic damage, compensating for the intangible impact the accident has had on their day-to-day life.
The Role of North Carolina Laws in Determining Settlements
North Carolina’s unique legal framework plays a critical role in determining car accident settlements, particularly when it comes to factors like fault, time limits, and damage caps. Navigating these legal complexities often requires the expertise of car accident lawyers.
Contributory Negligence Rule
North Carolina follows a strict contributory negligence rule, which can have a profound impact on car accident settlements. Under this law, if the injured party (or their representative) is found to be even 1% at fault for the accident, they may be completely barred from recovering any damages. This rule is particularly important in child car accident cases, as it places a heavy burden on the injured party to prove that the other driver was entirely responsible for the accident.
Clear evidence such as police reports, witness statements, and expert testimony is critical in establishing that the fault lies solely with the other party, often requiring the expertise of an experienced car accident attorney.
Statute of Limitations
The statute of limitations in North Carolina for car accident claims, including those involving children, is generally three years from the date of the accident. This means that a lawsuit must be filed within three years to recover damages for injuries or losses caused by the car accident.
However, if the case involves wrongful death, the statute of limitations is two years from the date of the child’s passing. It’s essential for families to be aware of these time limits, as failing to file a claim within this window can prevent them from receiving any compensation for their car accident claims.
Caps on Punitive Damages
While there is no cap on the amount of compensatory car accident damages that can be awarded in North Carolina car accident cases, there are limits on punitive damages. Punitive damages are awarded in cases where the at-fault party’s actions were particularly reckless or malicious, serving as a punishment to discourage such behavior in the future.
In North Carolina, punitive damages are capped at three times the compensatory damages or $250,000, whichever is greater. However, punitive damages are rare in child car accident cases, as the primary focus is usually on compensatory damages that directly address the child’s injuries and suffering.
Consult With an Experienced Charlotte Car Accident Lawyer ASAP!
If your child has been injured in a car accident, it’s crucial to seek legal guidance from car accident lawyers to ensure you receive the compensation you deserve. Our team at 1Charlotte is here to help you navigate the complexities of the settlement process, fighting for the best possible outcome for your family.
Contact us at (704) 706-2689 for a free case review today!
