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As a parent, one of the most devastating experiences is learning that your child has been hurt in an automobile collision. The physical, emotional, and financial toll can be overwhelming, leaving you unsure of what steps to take next. In this article, we’ll discuss the common injuries children sustain in vehicle accidents, the legal process of pursuing a personal injury claim on behalf of a child, and how to protect your child’s rights and future interests.
Common Injuries Children Suffer in Auto Accidents
Children are particularly vulnerable to injuries in car crashes due to their smaller size and developing bodies. Some of the most common types of injuries children suffer in motor vehicle accidents include:
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Chest injuries to the heart and lungs
- Fractures and broken bones
- Psychological trauma, such as anxiety and post-traumatic stress disorder (PTSD)
Proper car seat and seatbelt usage can significantly reduce the risk and severity of child injuries in auto collisions. Oklahoma’s child restraint laws (47 O.S. § 11-1112) mandate specific child restraint systems based on the child’s age, height, and weight. These include:
- Rear-facing car seats for infants and young toddlers
- Forward-facing car seats with harnesses for older toddlers and preschoolers
- Booster seats for school-aged children until they can properly fit in a standard seat belt
Failing to follow these guidelines can result in more severe injuries and long-term consequences for a child’s development. Traumatic brain injuries, for example, can impact a child’s cognitive development, while spinal cord damage can affect their physical growth and mobility. Psychological trauma from a car crash can also have lasting effects on a child’s mental health and well-being.
What should I do if my child is injured in a car accident in Oklahoma?

If your child suffers injuries in an Oklahoma car accident, seek prompt medical attention.
A medical evaluation can identify potential issues and document the harm, even if the injuries seem minor. If possible, gather evidence at the scene, such as photos, witness contact information, and the other driver’s insurance details. Report the accident to your insurance company, consider consulting an experienced personal injury attorney to protect your child’s rights, and discuss your legal options.
Filing a Personal Injury Claim on Behalf of a Child
In Oklahoma, children have the same rights to compensation as adults when injured in an automobile accident, including medical expenses, pain and suffering, and, in some cases, loss of future earning capacity. However, minors cannot file claims themselves; a parent or guardian must file on their behalf or wait until they reach the age of majority (18 years old).
Oklahoma law (12 O.S. § 2025.1) allows parents or guardians to assign their right to recover damages for an injury to a minor child, enabling them to bring an action on behalf of their child. When pursuing a claim for a child, there are additional considerations to keep in mind:
- The statute of limitations for minors is tolled (paused) until they reach the age of majority, providing additional time to file a claim (12 O.S. § 96).
- If the injury resulted from a criminal act, such as a DUI accident, compensation might be available under the Oklahoma Crime Victims Compensation Program, provided the incident was reported within 72 hours, and the claim is filed within one year of the incident date or the victim’s death (21 O.S. § 142.10).
How long do I have to file a personal injury claim on behalf of my child in Oklahoma?
In Oklahoma, the statute of limitations for filing a personal injury claim on behalf of a minor child differs from the standard two-year deadline for adults. When a minor is injured, the time limit to file a claim is extended to account for their legal incapacity to sue until they reach the age of majority.
According to Oklahoma law (12 O.S. § 96), if a person is under 18 years old when the cause of action accrues, they have one year from their 18th birthday to file a personal injury lawsuit. For example, if a child is injured in an accident at the age of 10, they would have until their 19th birthday to file a personal injury lawsuit in Oklahoma.
However, the parent’s lawsuit for medical bills and other costs they incur must be brought within the standard two-year statute of limitations.
Can I settle my child’s car accident case without going to court?
Many child injury cases stemming from car accidents can be settled through negotiations with the at-fault party’s insurance company. However, there are procedural requirements for getting a child’s settlement approved.
What types of damages can be recovered in a child injury case?
In a child injury case, you may be able to recover various types of damages on behalf of your child, including:
- Medical expenses (past and future)
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of future earning capacity
- Rehabilitation costs
- Other out-of-pocket expenses related to the accident
The specific damages available will depend on the circumstances of the case, including insurance coverage.
Safeguarding Your Child’s Legal Rights and Future Interests
If your child has been hurt in an automobile collision, it’s essential to take immediate steps to protect their legal rights and ensure they receive proper medical care. This includes:
- Seeking medical attention promptly to address any injuries which may not be immediately apparent.
- Calling the police to the scene so that an official report can be filed, documenting the accident, and establishing potential fault.
- Gathering information from the other driver and any witnesses, along with preserving evidence like photos of the accident scene and injuries.
- Keeping detailed records of all related expenses and the recovery process.
In cases involving uninsured or underinsured motorists, Oklahoma law mandates that all auto insurance policies include uninsured motorist (UM) coverage unless explicitly rejected in writing by the insured (Lane v. Progressive N. Ins. Co., 2021 OK 40). To maintain eligibility for UM benefits, the insured party (or their guardian, in the case of a minor) must provide timely notice of the accident to the insurer and cooperate during the claims process.
Why Choose Hasbrook & Hasbrook for Your Child’s Car Accident Case?
When you choose Hasbrook & Hasbrook to represent your child in an automobile collision case, you can expect:
- Reduced stress and peace of mind, knowing that experienced attorneys are advocating for your child’s rights
- Maximized compensation to cover medical expenses, future needs, pain and suffering, and more
- Proactive legal actions to gather evidence, meet deadlines, and build a strong case
- A reputation for results and a track record of success in child injury cases
If your child has been injured in an automobile accident in Oklahoma, don’t hesitate to contact Hasbrook & Hasbrook for a free consultation. Our team of compassionate and experienced attorneys is here to help you navigate this challenging time and fight for the compensation your child deserves. Call us today at 405-605-2426 or visit our contact page to learn how we can help protect your child’s rights and future interests.