Car accidents are scary enough. But when your child is involved, the fear, confusion, and concern can feel overwhelming. As a parent, your first priority is ensuring your child is physically, mentally, and emotionally okay.
At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys have helped families across the state navigate the legal and medical challenges that follow a crash. We understand how deeply these situations impact parents and children, and we’re here to guide you with experience and compassion.
Below, we explain what to do if your child is injured as a passenger in a car accident, how to protect their health and legal rights, and what to expect from the claims process.
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Step One: Get Immediate Medical Attention
Even if your child seems okay, always get them checked by a medical professional after a car crash. Children may not fully understand or express how they’re feeling. Some injuries—like concussions or internal trauma—aren’t immediately visible.
You don’t always need to visit the emergency room. If the injuries appear minor, a trip to your child’s pediatrician may be enough. However, you must document all symptoms, medical visits, and treatment.
Why It Matters:
- Ensures your child receives necessary care
- Creates a medical record that supports a legal claim
- Identifies any hidden or delayed injuries
Tip: Always explain to the doctor that your child was in a car accident. This context helps them evaluate more thoroughly and document the cause properly.
Watch for Signs of Physical and Emotional Injuries
After an accident, some injuries are obvious. Others may take days or weeks to surface—especially psychological trauma.
Common Physical Symptoms in Children:
- Headaches or dizziness
- Neck or back pain
- Nausea or stomach aches
- Bruising, swelling, or cuts
Emotional and Behavioral Signs to Watch:
- Nightmares or sleep disturbances
- Fear of riding in cars
- Irritability or mood swings
- Trouble concentrating or regressing in behavior
Post-Traumatic Stress Disorder (PTSD) is more common in children than many parents realize. If your child shows emotional distress, consider counseling. Additionally, you should document mental health treatment just like physical injuries—it’s essential for both healing and building a complete personal injury claim.
Check the American Academy of Pediatrics’ Trauma Care Guide for more resources.
Who Pays for Your Child’s Injuries?
Florida uses a no-fault system to handle car accident claims. However, the process depends on whose car your child was in and the specifics of the crash.
Here’s How Coverage Typically Works:
- Personal Injury Protection (PIP):
If a parent’s auto policy covers the child, PIP covers medical bills—up to $10,000—regardless of fault. - Bodily Injury Liability (BI):
If another driver caused the crash, you can file a claim against their insurance for expenses not covered by PIP. - Uninsured/Underinsured Motorist (UM/UIM):
If the at-fault driver has insufficient insurance, your own UM/UIM coverage may apply. - MedPay (if available):
Medical Payments coverage can supplement PIP and help with out-of-pocket expenses.
A Florida car accident attorney can review the insurance policies involved and help determine the best path forward.
What If a Family Member Was Driving?
It’s common for children to ride with relatives or family friends. But if that person caused the accident, things can get emotionally complicated. You might feel guilty or hesitant about taking legal action—but here’s the truth:
You’re not suing them personally. Instead, you’re filing a claim with their auto insurance provider. That’s what insurance is for—to cover injuries and damages when accidents happen, even between people who know and care about each other.
In fact, most responsible drivers would want you to use their insurance if it helps your child recover. It doesn’t mean you’re blaming them—it just ensures that your child gets the medical care, support, and long-term resources they need.
A Florida car accident attorney can help you handle the situation delicately while still protecting your child’s legal rights and future well-being.
How Child Injury Settlements Work
When a car accident causes injuries to a child, Florida law treats the settlement process differently than it would for an adult. Special legal protections are in place to ensure that any financial compensation benefits the child—both now and in the future.
If a Settlement Is Over $15,000, Here’s What Happens:
Court Approval Is Required
Before a settlement can be finalized, a Florida judge must review and approve it. The court carefully evaluates the amount, terms, and how the funds will be used to make sure the agreement serves the child’s best interests.
Funds Go Into Placed in a Protected Account
Once the court approves the settlement, the responsible party deposits the money into a restricted guardianship account, structured settlement, or annuity. This protected account safeguards the funds until the child turns 18. No one can withdraw or use the money without court approval.
Parents Cannot Use the Money Freely
Although parents or guardians manage the child’s care, they do not have unrestricted access to the settlement funds. If money is needed—for ongoing medical treatment, therapy, or educational support—they must request permission from the court. This ensures the funds are spent only on the child’s well-being.
This process protects the child’s financial future—but it can be complicated. An experienced Florida car accident attorney will help prepare the necessary filings, represent you in court, and make sure everything gets handled correctly.
What Damages Can Be Recovered?
If your child was injured in a car accident, your family may be entitled to compensation. These damages can help cover both financial losses and emotional impacts.
Common Recoverable Damages:
- Medical Expenses (Past and Future)
Covers ER visits, doctor care, surgeries, and any follow-up treatments your child may need. - Therapy or Counseling Costs
Emotional recovery matters too. Many children need help dealing with fear, anxiety, or PTSD after a crash. - Medication and Rehabilitation
Includes prescriptions, physical therapy, and any assistive equipment needed for recovery. - Pain and Suffering
Physical pain, trauma, and emotional distress all qualify for compensation. - Loss of Enjoyment of Life
This loss can be compensated if your child can no longer enjoy hobbies, sports, or other activities. - Permanent Disability or Disfigurement
Long-term injuries, scars, or impairments are considered serious and increase the potential compensation. - Parental Lost Wages
If you had to miss work to care for your child, those lost earnings can be part of the claim.
A skilled Florida car accident attorney will carefully calculate your damages, gather the necessary documentation, and pursue the full amount your family deserves.
How Long Do You Have to File?
In Florida, most car accident claims must be filed within two years of the accident. However, claims involving children have some flexibility. In certain cases, the clock doesn’t start until the child turns 18.
Still, it’s best to act quickly. Evidence fades, and early legal involvement gives you the best chance to fully recover.
Tips for Protecting Your Child’s Claim
After an accident, the steps you take can make a big difference in the outcome of your child’s injury claim. Here’s how to strengthen the case and protect your child’s rights:
Key Tips to Follow:
- Keep All Medical Records, Bills, and Receipts
These documents prove the extent of injuries, treatments, and costs—essential for calculating compensation. - Take Photos of Injuries and the Crash Scene
Visual evidence can support your claim and show how serious the accident was. - Avoid Posting About the Accident on Social Media
Insurance companies may use your posts against you. It’s best to keep the case private. - Write Down Changes in Your Child’s Mood or Behavior
Emotional and psychological impacts should be documented. This helps prove pain, suffering, or trauma. - Consult with a Florida Car Accident Attorney Early
Getting legal help right away ensures your case is handled correctly and deadlines are met.
By following these tips and working closely with an experienced Florida car accident attorney, you’ll be in the best position to protect your child’s future.
Why Expert Guidance From a Florida Car Accident Attorney Matters
You want to focus on your child’s healing—not legal paperwork or insurance adjusters. That’s where we come in.
Our Florida car accident attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. have decades of experience helping families through difficult times. We know the law, the court procedures, and how to work with insurance companies to maximize your child’s recovery.
We’ll help you:
- Understand your rights and options
- Coordinate care and protect your child’s future
- Handle all communication with insurers
- Secure court approval for settlements when needed
- Ensure all funds are handled properly and legally
Your child deserves the best care and compensation possible—and we’ll fight to make that happen.
Contact Us for a Free Consultation
If your child was injured in a car accident, we’re here to help. At Battaglia, Ross, Dicus & McQuaid, P.A., we treat your family like our own. You’ll get personal attention, clear answers, and the confidence of knowing your child’s case is in good hands.
Why Clients Trust Us:
- Decades of proven results
- Local, award-winning attorneys
- Free consultations and no fees unless we win
- Special experience with children’s personal injury cases
Let us take the legal burden off your shoulders. Contact us today to schedule your free consultation.
