Are Car Accident Cases Different If Children Are Involved?

Every year, children are injured in car accidents across Oklahoma. While adult claims follow a fairly standard process, injury claims involving minors are handled differently. These cases often require court approval, longer timelines, and special attention to long-term medical needs.

If your child has been hurt in a crash, it’s essential to understand how Oklahoma law treats these cases and what steps you can take to protect your child’s rights. This guide explains how claims involving injured children work, what compensation may be available, and why legal help is often essential.

Understanding Your Child’s Right to Compensation

Children cannot file legal claims on their own. In Oklahoma, that responsibility falls to a parent or legal guardian. Even though the child is the one injured, the law requires an adult to act on their behalf in all legal proceedings. That includes filing claims, negotiating settlements, and working through court processes.

In Oklahoma, a child has one year from reaching the age of majority to file a personal injury claim. However, a parent must file within two years to recover medical costs related to the injury.— Oklahoma Statutes §12-96

If a parent misses that two-year deadline to file a claim for medical bills or related expenses, those costs may not be recoverable. However, the child can still file a personal injury claim for things like pain and suffering after turning 18, as long as they do so within one year of becoming a legal adult.

What Types of Compensation Can Be Recovered?

A child’s personal injury claim can include many of the same types of damages as an adult’s claim. This may include:

• Medical bills, both past and anticipated future costs.
• Rehabilitation or therapy expenses related to physical or emotional recovery.
• Pain and suffering can be harder to measure but are often a significant part of a claim.
• Loss of future earnings in cases where the injury could affect long-term ability to work.

Parents may also file claims for the money they’ve personally spent on their child’s medical care, travel to appointments, and related expenses.

Does the Court Need to Approve the Settlement?

In many child injury cases, especially those involving significant compensation, Oklahoma courts require a judge to approve the settlement before any money can be released. This is done to make sure the child’s long-term interests are protected.

Courts in Oklahoma often require judicial approval of settlements involving minors, particularly when compensation is substantial or includes long-term structured payouts.

The judge may review medical records and financial details and even hear from a guardian ad litem appointed to represent the child’s interests. If the judge feels the agreement is unfair or doesn’t meet the child’s needs, they can reject the settlement—even if both sides have agreed to it.

When the settlement is approved, the funds are often held in a trust or annuity. Under specific conditions approved by the court, the child may receive access to those funds when they turn 18 or earlier.

Long-Term Effects of Injuries in Children

Children are still growing. That means an injury that seems minor at first could lead to long-term challenges that adults may not face. For example, a broken bone might heal—but if it affects a growth plate, it could cause lifelong complications. Similarly, a head injury might interfere with learning or emotional development.

Children are more vulnerable to long-term complications from trauma, making accurate medical forecasting and compensation planning critical in child injury claims.

Because these effects may not be visible right away, it’s essential to understand the full scope of the injury before settling the case. Rushing into a quick settlement may leave out crucial costs down the road.

Why Legal Representation Is Important

Car accident claims involving children are not as simple as adult cases. There are extra steps, extra scrutiny, and unique legal rules involved. Insurance companies often try to settle early and for less than the case is worth. A lawyer helps parents avoid mistakes that could limit a child’s ability to recover the support they’ll need in the future.

Legal help also ensures that court filings are accurate, deadlines are met, and that the judge has everything needed to approve a fair settlement. The more severe the injury or the more complex the claim, the more essential legal support becomes.

According to the CDC, motor vehicle injuries are a leading cause of death among children in the United States. — CDC Child Passenger Safety

Statute of Limitations for Child Injury Claims in Oklahoma

Here’s a breakdown of the time limits involved in different aspects of a child’s car accident claim:

FAQs

Can I file a car accident claim for my child in Oklahoma?

Indeed. A child hurt in a car accident may have a claim made on their behalf by their parents or legal guardians. The child cannot file independently while under 18.

What compensation can my child receive after a car crash?

They may be entitled to coverage for medical bills, therapy, emotional trauma, future lost earnings, and pain and suffering. A parent may also recover out-of-pocket medical costs.

Does the court have to approve settlements for injured children?

In most cases, yes. The court ensures that any settlement serves the child’s long-term interests and may appoint a guardian ad litem if needed.

What happens to settlement money awarded to a child?

It is often placed in a trust, annuity, or other secure financial vehicle until the child reaches adulthood or a court orders a specific disbursement plan.

What if we discover the long-term effects of an injury years later?

That’s why it’s essential not to settle too quickly. The law allows children extra time to file a claim—until one year after turning 18—if future damages emerge.

Why do insurance companies often try to settle early?

Early offers often undervalue long-term needs like therapy or complications. Legal representation helps protect your child’s full rights and prevents premature settlements.

Conclusion

When a child is hurt in a car crash, parents face more than just physical recovery. They’re dealing with deadlines, legal procedures, and long-term concerns about their child’s future. Oklahoma law gives families the right to seek compensation—but the process can be challenging to navigate without help.

Graves McLain Injury Lawyers has experience guiding families through these challenging situations. From ensuring deadlines are met to securing fair settlements approved by the court, the firm is here to help you protect your child’s well-being now and for years to come.