When Your Child Is Hurt in an Accident in Pennsylvania
Few things are harder than watching your child get hurt. Whether it happened in a car crash, at a neighbor's house, on a playground or at the hands of a dog, your first focus should be your child's recovery. But Pennsylvania has some rules for injured children that are different from the rules for adults, and a few of them carry deadlines that parents don't expect.
This guide walks through how a child's injury claim works in Pennsylvania, from who can bring the claim to why a judge has to approve any settlement.
Who brings the claim
A child under 18 can't file a lawsuit on their own. A parent or guardian brings the claim on the child's behalf. In practice, there are often two separate claims:
The child's claim for their pain and suffering, scarring, lasting effects and any future loss of earning ability.
The parents' claim for the medical bills they paid or owe while the child is a minor.
The deadlines are different, and that can be a trap
For most adults, Pennsylvania's deadline to file an injury lawsuit is two years. For a child, that clock generally does not start until the child turns 18, which usually means they have until age 20. See How Long Do You Have to File?
The parents' claim for medical expenses usually does not get that extra time. It generally must be brought within two years of the injury. Waiting until a child is older can mean the family loses the right to recover thousands of dollars in medical bills.
If a city, township, school district or other government agency may be responsible, a written notice is usually required within six months, even for a child. See Injured on Government Property.
Evidence also fades no matter how much time the law allows. Witnesses move, video is erased and property conditions get repaired.
Common ways children are hurt
Car crashes. Children riding in the family car are usually covered by the parents' auto policy, including its medical benefits and its tort selection. See Injured as a Passenger and Limited Tort vs. Full Tort.
School bus and bus stop incidents. See Hurt on a Bus in Northeastern Pennsylvania and our article on Pennsylvania's school bus stopping law.
Pedestrian and bike accidents near home and school. See Pedestrian and Bicycle Accidents.
Dog bites, which often cause facial injuries in young children. See Dog Bite Laws in Pennsylvania.
Falls and unsafe property at stores, apartment complexes, pools and playgrounds. See Who Is Liable for a Slip and Fall?
Dangerous products, including toys, furniture tip-overs, car seats and youth ATVs. See Hurt by a Defective Product and ATV and Off-Road Accidents.
"Was my child partly at fault?"
Pennsylvania courts treat young children differently when it comes to fault. Children under 7 are generally considered too young to be negligent at all. Between 7 and 14, a child is presumed not to be capable of negligence, though that can be challenged. A teenager 14 or older is generally held to the standard of a reasonable child of the same age and experience, not an adult. Insurance companies sometimes suggest a child "ran out" or "shouldn't have been there," but these rules often make that argument much weaker. See Comparative Negligence in Pennsylvania.
Why a judge must approve the settlement
In Pennsylvania, any settlement of a child's injury claim must be approved by the Court of Common Pleas, even if the case never went to court. A parent or guardian files a petition explaining the injury, the treatment, the proposed settlement and the attorney's fees, and a judge decides whether it is fair to the child.
The court also decides how the money is protected. Common options include:
A federally insured savings account in the child's name that generally can't be touched until the child turns 18 without court permission.
A structured settlement that pays out over time.
A trust managed by an independent professional fiduciary.
For small settlements, payment of a limited amount directly to the parent or guardian.
This process exists to protect the child. It also means a parent can't simply sign an insurance company's release and close out a child's claim. Be cautious with any adjuster who suggests otherwise. See Talking to Insurance Adjusters.
Injuries that change as children grow
Children's bodies are still developing. A fracture near a growth plate, a head injury or a facial scar may look very different years later. That is one reason not to rush a child's settlement. Doctors may need time to say whether an injury will affect growth, learning or appearance. See Broken Bones After an Accident and Concussions and Traumatic Brain Injury.
What parents can do now
Get your child checked by a doctor, even if they seem fine. Young children often can't describe what hurts.
Take photos of injuries, the scene and any dangerous condition or product.
Save the car seat, helmet, toy or product involved. Don't throw it away or return it.
Keep every medical bill and note missed school days.
Limit what you post about the incident online. See Social Media and Surveillance During a Claim.
Helpful public resources
Talk it through with someone local. If your child was hurt because of someone else's carelessness, the attorneys at Joyce, Carmody & Moran can review what happened and explain your family's options. Request a free consultation.
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