How can a parent and child recover compensation for medical expenses and pain and suffering after a motor vehicle collision?
Detailed Answer
If a parent and child were hurt in a North Carolina car crash, they can pursue two separate—but related—claims to recover money for medical bills, pain, and suffering. Below is a plain-English roadmap that follows North Carolina law.
1. Prove the Other Driver Was Negligent
North Carolina follows the contributory negligence rule. If the defendant shows you were even 1% at fault, you may lose the claim. Gathering solid evidence—police reports, photographs, medical records, and witness statements—early is critical.
For children under 7, the law presumes they cannot be negligent; ages 7–13 are judged by a child-of-like-age standard. This makes it easier for an injured child to overcome contributory negligence defenses.
2. Know the Statutes of Limitations
Parent’s claim for medical expenses and lost wages: 3 years from the crash date ( N.C. Gen. Stat. § 1-52 ).
Child’s claim for pain, suffering, scarring, or future losses: The 3-year clock is paused ("tolled") until the child turns 18 ( § 1-17 ).
3. Separate the Two Claims
Parent’s claim: You, not the child, pay the child’s medical bills. North Carolina lets the parent recover those expenses directly.
Child’s claim: Covers pain, suffering, permanent injury, loss of future earning capacity, and loss of enjoyment of life.
4. Work With All Available Insurance
Send a notice of claim and request policy limits from the at-fault driver’s insurer.
Use your own Medical Payments ("MedPay") or Uninsured/Underinsured Motorist (UM/UIM) coverage if the driver is uninsured or lacks enough coverage ( N.C. Gen. Stat. Ch. 20, Art. 9A ).
Coordinate benefits so health insurers are repaid only what the law requires. North Carolina’s made-whole doctrine and anti-subrogation rules often reduce paybacks.
5. Calculate Damages
Economic: Past and future medical bills, therapy, prescriptions, medical equipment, and lost wages (parent).
Non-economic: Pain, suffering, mental anguish, loss of companionship for the child, and scarring or disfigurement.
Future needs: If the child needs ongoing care, obtain a life-care plan or physician affidavit.
6. Negotiate or File Suit
Present a demand package supported by medical evidence and legal liability analysis.
If the insurer refuses to pay fair value, file a civil action in the county where the crash occurred or where any defendant resides ( § 1-82 ).
7. Obtain Court Approval of Any Minor Settlement
North Carolina requires a judge to approve most settlements for minors to protect the child’s interests ( § 1-402 ).
Funds typically go into a blocked account or structured annuity until the child turns 18.
8. Preserve the Parent’s Claim for Medical Bills
Include all paid and outstanding invoices in the settlement or verdict.
Keep receipts and Explanation-of-Benefits statements to prove actual out-of-pocket costs.
9. Finalize the Estate Plan for the Settlement
Consider a trust or guardianship to manage large recoveries for minors.
Review your own auto and umbrella policies after the claim—additional coverage can prevent future shortfalls.
Helpful Hints
Seek medical treatment right away; gaps in care hurt credibility.
Do not give a recorded statement to the at-fault driver’s insurer without legal advice.
Photograph injuries over time—bruises and scars fade quickly.
Track mileage to and from doctor visits; you can claim travel costs.
Use a diary to document the child’s pain, missed school, and emotional changes.
Tell providers you were in a crash so your medical records link injuries to the collision.
Save every bill—even $20 copays add up and are recoverable.
Ready to protect your family’s rights? A motor-vehicle claim for a parent and child requires strict deadlines, proof, and court approval. Our North Carolina personal-injury attorneys routinely handle these cases and fight for every dollar the law allows. Call us now at 919-313-2737 for a free consultation.
