Children Injured in Car Accidents – Rhode Island Laws & Statistics
Car accidents are terrifying enough when they only involve adults. But when children are injured in car accidents, the nightmare gets even worse.
As a parent, you’ll do anything to get your child the medical care they need. But when it’s time to file an insurance claim, complicated paperwork and lowball settlement offers can leave you feeling hopeless. Plus, insurance claims and personal injury cases involving minors have special provisions than those involving adults.
At Petrarca Law, we understand how scary, isolating, and difficult this situation can be for parents. But we’re on your side every step of the way. We’ll do everything possible to provide your family with the necessary funds.
Injury statistics when children are injured in car accidents.
According to 2021 U.S. Department of Transportation data, 162,298 children were injured in car crashes, while 1,184 children died. This equals an average of 3 deaths and 445 injuries every day.
Of the total child fatalities in 2021, around 80% were passengers in a vehicle, 15% were pedestrians, and the remainder were cyclists.
Every injury and death is a tragedy, and many are entirely preventable, with factors like alcohol and improper safety measures often playing a role.
- Failing to use seatbelts is a leading risk factor for injuries and death among children in car crashes. 40% of all 2021 child passenger deaths involved unbuckled children.
- Booster seats significantly reduce the risks of serious injuries among younger children, with a 71% fatality reduction for infants and a 54% reduction for toddlers.
- In 2021, a quarter of all child passenger deaths involved a driver under the influence of alcohol.
- Children in rural areas are more likely to be killed in car crashes than in urban areas.
What does accident insurance cover for children?
In general, an insurance policy will work the same way for injured minors as it would for adults.
Rhode Island is an “at-fault” state. So, if your child was injured while riding in a vehicle or as a pedestrian, the at-fault driver’s liability insurance should cover their medical bills.
If the at-fault driver doesn’t have insurance, or their policy can’t cover all of your child’s medical bills, your own uninsured or underinsured motorist (UIM) coverage may cover the difference.
Can a minor file a personal injury lawsuit?
No. In Rhode Island, a person under 18 can’t file a personal injury lawsuit on their own. However, a parent or legal guardian can file on the child’s behalf with a “friendly suit.”
With a friendly suit, claims under $10,000 can be approved and accepted by the child’s guardian. But if the settlement is over $10,000, the court has to approve it – even if you and the other party agree on the terms out of court.
In these cases, the court will appoint a professional called a “guardian ad litem” to assess the case and determine if the settlement terms are in the child’s best interest. If the guardian approves, the claim officially settles.
What damages can a child recover from a car accident settlement?
As with insurance settlements, a minor child can recover the same potential damages as an injured adult, including:
- Medical bills
- Rehabilitation costs
- Pain and suffering
- Scarring and disfigurement
What’s the average personal injury settlement for minors in a car accident?
Personal injury settlements can vary widely from claim to claim, and the courts often seal records concerning cases involving minors for privacy. So, there’s no data on an average settlement range.
However, you can start by adding together the total cost of your “actual damages,” AKA, concrete expenses like your child’s medical bills. To determine pain and suffering damages, you can then multiply this amount by a set number, usually between 1.5 to 5, depending on the scope of injuries.
For example, if your child has $5,000 worth of medical bills multiplied by 1.5 for pain and suffering, your potential settlement would equal $7,500. However, this is only a ballpark estimation. An experienced Rhode Island personal injury attorney can help you determine the amount most likely to lead to success.
What happens when there are children injured in car accidents and they get a settlement?
If you win a car accident settlement for a child, you may receive an instant payout, which allows you to allot the funds as needed for medical bills and other injury-related expenses.
But in some cases, when children are injured in car accidents, especially those involving disabilities or larger settlements, the court may want protections on the settlement. So, a portion or the entirety of your child’s settlement may go into one of the following options:
- Blocked account: An account in your child’s name that doesn’t go into effect until they turn 18. Blocked accounts might prove more useful for children with more severe pain and suffering or who are disabled. They can use the funds to pay for expenses like ongoing medical care or education.
- Annuity: A type of structured settlement with scheduled payouts. You might receive a higher initial payment, then smaller payments over months or years.
- A trust: A kind of legal arrangement where one person holds the funds on behalf of another. For example, you or another trusted adult might operate the trust with your child as the beneficiary.
What’s the Rhode Island statute of limitations for personal injury claims involving minors?
In Rhode Island, the statute of limitations involving children doesn’t go into effect until the child turns 18. So, you can file a lawsuit on your child’s behalf until they become a legal adult.
After your child’s 18th birthday, they can file a claim on their own until their 21st birthday.
What if my children are injured in car accidents and I’m injured too?
If you or another adult suffered injuries in the same crash that hurt your child, you’ll need to file separate claims. That’s true for both insurance claims and personal injury claims in court. A Rhode Island personal injury lawyer can help you file both claims at the same time and navigate the legal complexities and nuances.
Let the best personal injury lawyers in Rhode Island get you the settlement you need
If you want a powerful legal advocate to guide you through one of the most harrowing ordeals of your life, Petrarca Law will fight for your family. After our initial conversation, we’ll handle everything you need for your child’s personal injury claim, from gathering medical records to playing hardball with a claim’s adjuster. You won’t need to lift a finger.
Let us do our jobs, so you can focus on your most important task: Taking care of your child. Contact us today to tell us about your case.