When your child is injured in a Missouri car accident, filing a claim involves special legal requirements that don’t apply to adult injury cases.
Children cannot file lawsuits on their own, so parents must act as their legal representative, and Missouri courts must approve any settlement to protect the child’s future interests.
These claims also face different deadlines, fault rules, and compensation considerations because children’s developing bodies make them more vulnerable to serious, long-term injuries.
Understanding your rights and the special procedures involved can make the difference between a fair settlement that covers your child’s lifetime needs and an inadequate payout that leaves your family struggling with ongoing medical costs.
Why Child Injury Claims Require Special Legal Attention
When your child gets hurt in a car accident, the legal claim works differently than it would for an adult. Children’s bodies are still developing, which makes them more vulnerable to serious injuries that can last a lifetime.
Missouri law recognizes these differences and provides special protections for injured children. These protections exist because children can’t make legal decisions for themselves and need someone to look out for their best interests.
Here’s why child injury claims require special attention:
- Developing bodies: A child’s bones, brain, and organs are still growing, so injuries can have more serious long-term effects
- Future medical needs: An injury may require years of treatment, therapy, or surgeries as your child grows
- Legal protections: Missouri courts must approve any settlement to make sure it’s fair and protects your child’s future
- Extended deadlines: Missouri law provides special rules about how long minors have to file a lawsuit.
What Should You Do After a Missouri Crash With a Child
The first 48 hours after a car accident with your child are critical for their health and legal rights. Many parents make innocent mistakes during this stressful time that can hurt their child’s claim later.
Call 911 and Request Pediatric Care
Your first priority is your child’s health. Call 911 immediately and specifically ask for a pediatric evaluation, even if your child seems fine.
Some serious injuries, like internal bleeding or concussions, are hidden injuries that don’t show symptoms right away. The paramedic records become important evidence for your claim.
Move to Safety and Document Car Seats and Restraints
If it’s safe, move your vehicle out of traffic. Before you remove your child from their car seat, take pictures of how it was installed.
Insurance companies often try to blame parents for improper car seat installation to reduce claim values. These photos protect you from false accusations.
Photograph Vehicles, Installations, and Labels
Evidence disappears quickly after an accident. Use your phone to document everything you can see:
- The car seat’s model number and expiration date
- How the seatbelt or LATCH system was routed
- Vehicle damage, especially around where your child was sitting
- Any airbags that deployed near your child
Get Witness Names and Preserve Records
If anyone saw the crash, get their name and phone number. Witness testimony describing your child’s immediate reaction helps prove the severity of their injuries.
Keep all hospital discharge papers, doctor’s notes, and receipts. These records become crucial evidence for your claim.
Call Us Before Any Recorded Statement or Release
The other driver’s insurance company may call you within hours of the crash. They’ll ask for a recorded statement, but you don’t have to give one.
Anything you say can be used to deny or reduce your child’s claim. It’s best to speak with us before talking to any insurance company.
What Injuries Do Children Face After a Car Accident
Children suffer different and more severe injuries than adults in the same type of crash. Their smaller size and developing bodies create unique vulnerabilities that parents need to understand.
A child’s proportionally larger head makes them more prone to brain injuries. Their flexible spine and weak neck muscles increase the risk of serious spinal damage. Less protective fat around their organs means internal injuries are more likely and more severe.
Children also face psychological trauma that’s harder to recognize. They have limited coping skills and may not be able to express their fear or anxiety about the accident.
These injuries can affect your child for their entire life:
- Head and brain injuries: Can cause learning disabilities, behavioral changes, and developmental delays
- Spinal injuries: May lead to chronic pain, growth problems, and permanent mobility issues
- Internal injuries: Organ damage that can worsen as your child grows
- Psychological trauma: PTSD, anxiety about riding in cars, and developmental regression
Who Files a Child Injury Claim in Missouri
Children under 18 cannot file a lawsuit on their own in Missouri. A parent or legal guardian must file the claim on their behalf as a “next friend.”
This person makes legal decisions that are in the child’s best interest. Different family situations affect who can file the claim.
If both parents are available and living together, either parent can typically file the claim. It’s best if both parents agree on the decision.
For divorced parents, the parent with legal custody usually files the claim. If no parent is available or there’s a conflict of interest, a Missouri court can appoint a guardian ad litem to represent the child.
No matter who files, Missouri law requires a judge to approve any settlement. This ensures the agreement is fair to the child and protects their future financial needs.
What Damages Can a Child and Parent Recover in Missouri
Missouri law allows for two separate types of damages when a child is injured. The child has their own claim, and parents can file a separate claim for their losses.
Your child’s claim can include compensation for medical expenses, both past and future. They can also recover damages for pain and suffering, permanent disability or disfigurement, and loss of future earning capacity if the injury affects their ability to work as an adult.
Therapy, counseling, and special education costs are also recoverable. These expenses can add up quickly and continue for years.
Parents have their own separate claim for financial losses:
- Medical bills: Money you’ve already paid out-of-pocket for treatment
- Lost wages: Time off work to care for your injured child
- Travel expenses: Costs for trips to doctors and specialists
- Home modifications: Changes needed to accommodate a disability
Understanding these different types of damages helps ensure you don’t miss any compensation your family deserves.
How Is Fault Decided in Missouri Child Car Accident Claims
Missouri uses a pure comparative fault system to determine responsibility in accidents. This means you can still recover compensation even if you’re partially to blame, but your award gets reduced by your percentage of fault.
Children have different rules for fault depending on their age. Missouri law says children under 7 cannot be found negligent.
Children between 7 and 14 may be found partially at fault, but the court considers their age, intelligence, and experience. Older children face the same fault rules as adults.
If a parent’s actions contributed to the crash, their portion of fault could reduce what they can recover for their own damages. For example, if you ran a stop sign and were found 30% at fault, your recovery for medical bills you paid would be reduced by 30%.
Your child’s claim remains separate and isn’t affected by your actions. If the at-fault driver has no insurance, your uninsured motorist coverage can cover your child’s injuries.
What Missouri Car Seat and Seat Belt Laws Affect a Claim
Missouri has specific requirements for keeping children safe in vehicles. Following these laws is crucial for safety and can impact your car accident claim.
Current Missouri requirements include rear-facing car seats for children under 2 unless they outgrow the manufacturer’s limits. Children under 4 or weighing less than 40 pounds must be in a child safety seat.
Children aged 4 through 7 need a booster seat until they’re at least 80 pounds or 4’9″ tall. All children under 16 must be properly restrained in the vehicle.
Even if your car seat wasn’t used perfectly, you can still file a claim. The other driver is still responsible for their negligence, though insurance companies may try to use improper restraint to reduce your settlement.
At Beck & Beck Missouri Car Accident Lawyers, our skilled auto accident attorneys know how to handle these situations and protect your family’s rights even when car seat use isn’t perfect.
How Does Insurance Pay Medical Bills for Injured Children in Missouri
Medical bills start arriving quickly after an accident, and it’s confusing to know who is responsible for payment. Missouri has a general order for how insurance coverage pays for your child’s medical treatment.
Your family’s health insurance usually pays for immediate medical care first. This includes emergency room visits, hospital stays, and follow-up appointments.
If you have Medical Payments coverage on your auto insurance, it can cover out-of-pocket costs like deductibles and copays. This coverage works regardless of who caused the accident.
The at-fault driver’s liability insurance is ultimately responsible for all costs, but usually pays in a lump sum settlement at the end of your claim. If they don’t have insurance or enough coverage, your uninsured/underinsured motorist policy can step in.
Never sign a medical authorization from an insurance company without speaking to our law firm first. These forms can give them access to your child’s entire medical history, which they may use to deny your claim.
How Are Missouri Child Settlements Approved and Managed
Missouri law requires a judge to approve any personal injury settlement for a minor. This process protects your child’s money from being spent before they become an adult.
The court wants to make sure the settlement amount is fair for your child’s injuries. They also need to know how the money will be protected until your child turns 18.
The judge will consider whether your financial interests conflict with your child’s best interests. Sometimes parents want to use settlement money for current expenses, but the court prioritizes their child’s future needs.
Settlement funds are typically placed in a restricted bank account or structured settlement annuity. This provides payments over time and ensures the money is available when your child needs it most.
At Beck & Beck Missouri Car Accident Lawyers, we handle all court proceedings so you can focus on your child’s recovery and well-being.
What Deadlines Apply to Child Injury Claims in Missouri
Missouri provides extra time for children to file personal injury claims. The standard five-year deadline is paused until your child’s 21st birthday, meaning they generally have until age 26 to file a lawsuit.
However, waiting is never a good idea. Filing a claim as soon as possible protects your family’s rights and helps build a stronger case.
Evidence like video footage and vehicle data can be lost or destroyed over time. Witnesses’ memories fade, or they may move and become difficult to find.
Your child needs compensation now to get the best medical care available. Waiting years to file a claim doesn’t help with current medical bills and treatment costs.
Remember that parents’ separate claims for damages, such as lost wages, must be filed within the standard five-year deadline from the date of the accident.
What If a Child Dies After a Missouri Car Accident
Losing a child is an unimaginable tragedy that no parent should face. While money cannot bring back your child, Missouri law allows parents to file a wrongful death claim to hold the responsible party accountable.
In a child wrongful death claim, parents can seek compensation for medical expenses before their child’s death and funeral and burial costs. You can also recover damages for the loss of companionship, comfort, and guidance your child would have provided.
The emotional distress and mental anguish of losing a child are also compensable damages. Missouri law recognizes that a child’s life has immeasurable value beyond future earnings.
Unlike adult wrongful death cases, you don’t need to prove your child’s lost future income. The deadline to file a wrongful death claim in Missouri is generally three years from the date of death.
Missouri Car Crash Law Firm With 35+ Years Experience
When your child is hurt, you need a law firm that understands what your family is going through. At Beck & Beck Missouri Car Accident Lawyers, we’re the only law firm in Missouri that focuses exclusively on auto accident cases.
We help Missouri families recover from car accidents. We have extensive experience helping clients and understand the unique challenges families face when a child is injured.
We’re available 24/7 for a free consultation to answer your questions and explain your rights. There are no fees unless we win your case, and we cover all costs, so you pay nothing out of pocket.
Don’t let insurance companies take advantage of your family during this difficult time. Contact us today to get the help your child deserves.
Child Injuries FAQs
Will My Child Have to Testify or Go to Court?
Most child injury cases settle without going to trial, and Missouri courts rarely require young children to testify. We work hard to protect children from stressful legal proceedings whenever possible.
Do Missouri Courts Have to Approve a Child’s Settlement?
Yes, Missouri law requires court approval for all settlements involving minors under 18. This ensures the settlement amount is fair and the money is properly managed until the child becomes an adult.
Can a Parent Recover a Child’s Medical Bills in Missouri?
Parents can recover medical expenses they’ve paid or owe as part of their separate claim. This is different from the child’s claim for pain and suffering and future medical needs.
Does Car Seat or Seat Belt Misuse End the Claim in Missouri?
No, improper use of restraints may reduce compensation under Missouri’s comparative fault rules, but it doesn’t eliminate your right to file a claim against the negligent driver.
How Long Does a Parent Have to File Their Part of the Claim?
Parents must file their own claims for damages like lost wages and medical bills they paid within Missouri’s standard five-year statute of limitations from the accident date.
What If the At-Fault Driver Is Uninsured or Underinsured?
Your uninsured/underinsured motorist coverage can provide compensation when the other driver doesn’t have adequate insurance. We’ll explore all available insurance policies to maximize your recovery.
Can a Case Be Reopened if New Problems Appear as My Child Grows?
Generally, no, which is why we work with pediatric experts to anticipate future medical needs before settling. This ensures your child’s long-term care costs are covered in the original settlement.
