By Shane Smith – Personal Injury Attorney at Shane Smith Law
Getting into a car accident is stressful enough. But when your child is involved?
That takes the anxiety to a whole new level.
As a personal injury attorney, one of the questions I get asked often is:
“How is a child’s injury case different from an adult’s?”
And the answer is → in several important ways.
👶 Communication: You Speak for Your Child (Most of the Time)
If your child is under 18, they’re considered a minor—which means a law firm can’t speak with them directly without your permission.
- For younger kids (ages 5–12): We usually work through the parent entirely. You’ll tell us about their pain, treatment, and how they’re doing.
- For older teens (ages 16–17): With your approval, we can talk to them directly, but we’ll still want you involved.
- If they’re 18 or older, they’re legally an adult and can handle the case on their own (though many still want mom or dad helping out!).
For a free legal consultation, call (980) 246-2656
🏥 Medical Care: Pediatricians First, Specialists If Needed
Sometimes parents ask:
“Can my child just see a chiropractor, or do they need to go to a doctor?” My advice? Always start with your child’s pediatrician.
Why?
- They know your child’s health history
- They can rule out serious injuries
- They can document the crash in the medical records (which is important if symptoms pop up months later)
Even if your child says, “I feel fine,” it’s important to get checked and make sure there’s nothing hidden under the surface.
⏳ What If My Child Is Still Hurting Months Later?
Here’s a big red flag:
If your child is still in pain 6 months after the accident… something’s wrong.
Kids usually bounce back quickly. If they’re still complaining of:
- Headaches
- Back or neck pain
- Pain while sleeping or standing too long
…we need to dig deeper.
Some pediatricians will brush it off as “growing pains”—but don’t stop there. Ask for a referral to a specialist, like a pediatric orthopedist, and keep pushing until you have clear answers.
Because pain that lingers for months after a crash isn’t normal for a child.
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💰 What Happens With the Settlement Money?
This is where a child’s case is very different from an adult’s.
If your child receives a settlement:
- That money belongs to your child, not to you
- The court will often require it to be protected until they turn 18
- This may happen through:
- A structured annuity
- A court–managed account
- A bond held by the probate court
You won’t be able to access those funds unless the court approves it for a very specific reason (like medical needs or education).
Complete a Free Case Evaluation form now
🔑 Final Tips for Parents
- You’re the voice for your child. Keep a close eye on how they’re doing, and don’t be afraid to push for specialist care if things don’t feel right.
- Document everything. Let the doctor know they were in a crash—even if symptoms seem minor at first.
- Ask questions. Your legal team is here to help guide you through the medical side, legal side, and how the settlement will be handled.
Final Word from Shane
If your child was hurt in a car accident, it’s not just “another case.” It’s your family. Your peace of mind. Your child’s future.
We’re here to help walk you through every step—because kids heal differently, and their cases need to be handled with care
📞 In pain? Call Shane! 980-999-9999
💼 Shane Smith Law – Focus on Healing. We’ll Handle the Rest.
📺 Like what you read? Check out our other blogs on frequently asked questions or YouTube channel to stay informed about your rights after an accident.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
