The Role of Raleigh Courts in Handling Car Accidents Involving Minors

When minors are involved in car accidents in Raleigh, the legal process often becomes more complex than cases involving adults. Not only are there additional safeguards in place to protect children, but courts also approach these cases with a focus on the long-term well-being of the minor. Whether your child has been injured as a passenger or a driver, understanding how Raleigh courts handle these cases is key to protecting their rights and pursuing fair compensation.

Here’s what you need to know about how cases involving minors are handled in car accident claims.

Why Are Cases Involving Minors Different?

Minors—defined as individuals under 18 years old—are treated differently under North Carolina law because they lack the legal capacity to make decisions or enter into contracts on their own. This distinction applies to car accident cases, where specific rules govern how settlements are negotiated and approved, as well as how compensation is distributed.

The goal of these legal protections is to ensure that minors’ interests are safeguarded, and any compensation they receive addresses both immediate and long-term needs, such as medical care, therapy, and future earnings.

Who Can File a Lawsuit on Behalf of a Minor?

Since minors cannot file lawsuits on their own, their parent or gaurdian must start a lawsuit for them. In legal terms, this individual is called the guardian ad litem, a role that allows them to act in the minor’s best interests throughout the legal process.

If the minor’s parent cannot serve in this capacity—due to a conflict of interest, for example—a court may appoint another responsible adult to act as the guardian ad litem. This ensures the child’s legal and financial interests remain the focus of the case.

Establishing Liability in Cases Involving Minors

In Raleigh car accident cases involving minors, establishing liability follows the same principles as cases involving adults. The party responsible for causing the accident (or their insurance company) may be held liable for the damages.

Liability is determined based on negligence, which involves proving:

1. The driver at fault owed a duty of care to the injured party.
2. They breached this duty through negligent actions, such as speeding or distracted driving.
3. This breach directly caused the accident and the resulting injuries.

While minors are often passengers in car accidents, there are cases where a minor driver may also share some responsibility for the crash. It’s worth noting that North Carolina applies a contributory negligence standard, meaning that if the minor is found even partially at fault for the accident, they may be barred from recovering compensation.

Compensation for Minors Injured in Car Accidents

When a minor is injured in a car accident, they are entitled to seek compensation for both economic and non-economic damages. These damages aim to address the physical, emotional, and financial impact of the accident. Common areas of compensation include:

1. Medical Expenses: Covers hospital bills, surgeries, rehabilitation, and any ongoing medical care related to the accident.
2. Pain and Suffering: Addresses the emotional trauma and physical pain the minor has endured as a result of the accident.
3. Future Medical Needs: Since minors may face long-term or delayed injuries, courts often consider future medical costs when awarding compensation.
4. Loss of Future Earnings: If the injuries are severe enough to impact the child’s ability to work as an adult, compensation may include estimated future earnings.

In North Carolina, any settlement involving a minor must receive court approval to ensure the amount is fair and adequate. This added layer of oversight protects minors from accepting lowball offers that might fail to meet their needs.

Special Considerations for Cases Involving Minor Drivers

If the minor involved in the accident was the driver of the vehicle, determining liability and pursuing compensation becomes more nuanced. North Carolina law allows teenagers as young as 16 to obtain a driver’s license, but because of their inexperience, they are held to the same standard of care as adult drivers.

In some cases, the parents of a minor driver may also face liability under the family purpose doctrine, which holds vehicle owners responsible for accidents caused by family members driving their vehicles. For example, if a parent knowingly allowed their child to drive despite concerns about their competence, they may share in the liability for damages.

How Courts Approve Settlements for Minors

In Raleigh and throughout North Carolina, any settlement involving a minor must go through a court approval process. This is done to ensure that the settlement is fair, reasonable, and in the best interests of the child. Here’s how the process typically works:

1. Petition for Approval: The parent or guardian ad litem must file a petition with the court to approve the proposed settlement. The petition should include details about the accident, the injuries, and the settlement terms.
2. Court Review: The court will review the settlement agreement and assess whether it adequately compensates the minor for their injuries and future needs. Judges often take into account medical reports, expert opinions, and any future costs the child may incur.
3. Structured Settlements: In many cases, courts prefer to structure settlements to ensure the minor’s compensation is distributed over time rather than in a lump sum. This approach prevents the minor from receiving large sums of money at an age where they might not manage it responsibly.

What Happens to the Compensation Awarded to Minors?

When compensation is awarded to a minor, it is typically placed in a trust or court-supervised account. The funds may only be accessed with court approval, ensuring they are used exclusively for the child’s benefit. Once the minor turns 18, they generally gain full control of the remaining funds unless the court has imposed specific conditions for how the money must be used.

Parents may also receive compensation for certain costs they have personally incurred, such as medical bills paid on behalf of their child or expenses related to caregiving. However, courts carefully distinguish between compensation meant for the minor and reimbursement for the parent.

The Role of an Attorney in Cases Involving Minors

Car accident cases involving minors can be legally and emotionally complex. Having an experienced attorney by your side ensures that every aspect of the case is handled properly. Car accident attorneys can help:

• Investigate the accident and gather evidence to establish liability.
• Navigate the legal requirements for court approval of settlements.
• Work with medical and financial experts to calculate long-term needs.
• Negotiate with insurance companies to secure maximum compensation.
• Protect the minor’s best interests throughout the process.

Parents often find peace of mind knowing that their child’s case is in the hands of a knowledgeable advocate who understands the unique legal protections for minors.

Protecting the Rights of Minors After a Car Accident

When a minor is involved in a car accident in Raleigh, their rights and future well-being are at stake. From determining liability to securing a fair settlement, navigating the legal system can feel overwhelming, especially when your focus is on your child’s recovery.

At O’Malley Tunstall PC, we understand the unique challenges families face when children are injured in car accidents. Our experienced attorneys are dedicated to protecting your child’s rights and ensuring they receive the compensation they deserve. Contact us today for a consultation, and let us guide you through this challenging time with compassion and support.