Written by Kelley Dick, who handles child injury claim cases at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/kelley-dick/
Nothing about a child injury claim feels routine, even when the crash itself was minor. Parents call after a fender-bender wondering if they even have a claim worth pursuing. They call after something much worse wondering what happens next. In Louisiana, a child injury claim works differently from an adult’s in ways that matter from the very first decision you make.
What to Do in the First 24 Hours
Get your child seen by a doctor immediately, even if they seem fine. Kids often don’t communicate pain the way adults do. Some injuries, particularly to the head or neck, don’t show clear symptoms right away. Document everything: the crash itself, your child’s symptoms, and every medical visit that follows. That record becomes the foundation of the claim, including any medical liens that may attach to it later.
How a Child Injury Claim’s Deadline Is Different
A parent can bring a claim on behalf of an injured child, but Louisiana treats a minor’s claim with extra procedural care that an adult’s claim doesn’t require. The deadline itself works differently too. For an adult, the clock starts on the date of the crash, giving two years to file under La. C.C. Art. 3493.11. For a minor, that clock doesn’t start at all until they turn eighteen. In most cases, a child injured on or after July 1, 2024 has until their twentieth birthday to file.
Who Controls the Settlement
This is where Louisiana law diverges sharply from an adult claim. A parent cannot simply accept a settlement on a child’s behalf and deposit the check. Depending on the amount, Louisiana requires court approval to ensure the settlement is fair and that the child’s funds stay protected. That often means a structured arrangement instead of a lump sum going directly to a parent.
Why Court Approval Matters for a Child Injury Claim
Court approval exists to protect the child’s interests independently of the parents’ interests, which sound the same in most families but aren’t legally treated as identical. A judge reviews the settlement terms. Sometimes an independent representative evaluates whether the amount is fair. The arrangement holds the funds in a way the child can access when they’re older, rather than making them available for general household use in the meantime.
Frequently Asked Questions
Can a parent file a child injury claim in Louisiana?
Yes, a parent can bring a claim on behalf of a minor, but the case is handled with additional procedural requirements that don’t apply to adult claims, including court oversight of any settlement.
Does the filing deadline work differently for a child injury claim?
Yes. The deadline doesn’t start until the child turns eighteen. For injuries on or after July 1, 2024, that generally means they have until their twentieth birthday to file.
Who controls a child’s settlement funds?
Not the parent alone. Louisiana typically requires court approval of a minor’s settlement, and funds are often held in a structured or protected arrangement rather than given directly to a parent.
Do I need court approval to settle my child’s injury claim?
In most cases involving a meaningful settlement amount, yes. Court approval protects the child’s interests and ensures the funds are handled appropriately until they’re old enough to access them.
Protecting your child injury claim starts now, not after the insurance company calls asking questions. Let’s talk about what to do first.