When a car accident involves a child, everything feels different. Your first instinct is protection: making sure they are safe, examined, and reassured.
In Arizona, children’s personal injury claims are also treated differently under the law. The system recognizes that minors need additional safeguards. The decisions made early, medically and legally, can shape a child’s recovery and financial future for years to come.
At Hale Injury Law, we approach these cases with steady preparation and a long-term mindset. When a child is injured, protecting their future becomes the priority.
1. Immediate Priorities After a Crash Involving a Child
If a crash involves a child, call 911. This ensures both law enforcement and medical responders are dispatched. Even if injuries appear minor, children should be evaluated promptly. Some injuries, including concussions or internal trauma, may not present symptoms right away.
While first responders assess the scene, focus on your child. Once everyone is safe and the situation is stabilized, you can take additional steps to preserve information:
- Confirm that a police report is being created.
- Photograph vehicle damage and roadway conditions, if appropriate.
- Preserve the child’s car seat or booster seat rather than discarding it.
- Avoid making statements about fault in the immediate aftermath.
In these moments, your role is simple: ensure your child is safe and allow professionals to do their work. Documentation can follow once stability is restored.
2. Arizona’s Child Restraint Requirements
Under Arizona law (A.R.S. § 28-907):
- Children under 5 must be secured in a proper child restraint system.
- Children ages 5–7 who are under 4’9” must also use an appropriate restraint.
These rules exist for safety. But parents often worry: If something wasn’t perfect, does that mean we can’t pursue a claim?
Arizona follows pure comparative negligence (A.R.S. § 12-2505). That means fault can be shared, and recovery is reduced proportionally — not automatically denied.
Liability for causing the crash and compliance with restraint rules are separate legal issues. Insurance companies do not always explain that clearly. Hale Injury Law is here to help keep all of the details straight.
3. Deadlines for Children’s Personal Injury Claims in Arizona
Generally, personal injury cases must be filed within two years (A.R.S. § 12-542).
However, when a child is injured, Arizona law “tolls” the statute of limitations (A.R.S. § 12-502). In practical terms:
- The legal clock does not begin running until the child turns 18.
- After that, they typically have two years to file suit.
This protection exists because minors cannot legally act on their own behalf.
But waiting is rarely wise. Evidence fades quickly. Vehicles are repaired, surveillance footage may be deleted, and memories become less reliable over time. The details that help explain how a crash occurred are often temporary.
Medical understanding can also evolve. Some injuries, particularly head trauma or growth-related complications, may not fully reveal their impact right away. In children’s personal injury claims, early evaluation and consistent documentation are critical to ensuring insurance companies cannot later question whether symptoms are connected to the crash. Arizona law provides additional time for minors to pursue a claim, but thoughtful early action better protects a child’s recovery and long-term stability.
A Critical Exception: Government Involvement
If a government entity may be responsible, such as:
- A city vehicle,
- A public school bus,
- A dangerous roadway condition,
Arizona requires a Notice of Claim within 180 days (A.R.S. § 12-821.01). These deadlines are strict and technical.
At Hale Injury Law, we review every case early to ensure no deadline is overlooked. Missing a procedural step can permanently bar recovery. Families deserve clarity before that risk arises.
4. Who Brings the Claim for an Injured Child?
Under Arizona law, anyone under 18 is a minor and cannot enter binding legal agreements. A parent or guardian must act on the child’s behalf.
In most cases, there are two separate components:
- The parent’s claim (often includes medical expenses incurred while the child is a minor).
- The child’s claim (pain and suffering, permanent injury, emotional trauma, future impact).
Understanding this distinction is critical. Insurance companies may blur these lines. We do not.
5. Insurance Coverage Layers That May Apply
Children’s personal injury claims often involve multiple insurance policies, including:
- The at-fault driver’s liability coverage.
- Uninsured/Underinsured Motorist (UM/UIM) coverage.
- Medical Payments coverage (MedPay), if available.
In some situations, a child is injured while riding in a parent’s vehicle. These cases can involve overlapping coverage questions that deserve careful analysis.
At Hale Injury Law, we carefully review all available insurance coverage before advising families on next steps. Our goal is to ensure nothing that could support a child’s recovery is overlooked. Because every situation is different, online information cannot account for the unique details of your family’s case. Speaking directly with an experienced attorney allows you to receive guidance tailored to your specific circumstances — especially when a child’s future may be affected.
6. What Happens to Settlement Funds for a Child?
Parents often ask: Who are personal injury checks for children made payable to?
In Arizona, most settlements involving minors require court approval. The purpose is protection.
Typically:
- The court reviews and approves the settlement.
- Funds are placed in a restricted or blocked account.
- Withdrawals generally require court permission.
- In some cases, a conservator is appointed to manage the funds.
The settlement belongs to the child. It is not general family income. Courts safeguard these funds because childhood injuries can have lifelong implications.
At Hale Injury Law, we guide families through this process carefully, ensuring compliance while protecting the child’s long-term financial security.
7. Why Children’s Personal Injury Claims Require Long-Term Thinking
Children are still developing physically, cognitively, and emotionally. An injury may affect:
- Growth plates in bones.
- Cognitive development after head trauma.
- Anxiety related to travel.
- Academic progress.
- Future earning capacity.
Settling too quickly can overlook future consequences that are not yet visible.
Our approach at Hale Injury Law is simple: prepare each case with the child’s future in mind. That means evaluating not just today’s medical bills — but tomorrow’s possibilities.
How Hale Injury Law Supports Children’s Personal Injury Claims
When a child is injured, parents are suddenly expected to manage medical appointments, insurance adjusters, and legal questions — often all at once. It can feel like too much, especially when your focus is simply helping your child heal.
At Hale Injury Law, we provide steady guidance in moments like these. We review deadlines carefully, analyze all available insurance coverage, and ensure any settlement involving a child is handled with the safeguards Arizona law requires. Most importantly, we prepare each case with long-term protection in mind — because a child’s future deserves thoughtful planning.
Children’s personal injury claims are not routine matters. They involve additional protections, procedural requirements, and careful evaluation of long-term impact. This article is intended for general informational purposes, and every situation is unique. If your child has been injured in a car accident in Arizona, we invite you to speak directly with Hale Injury Law so we can provide guidance tailored to your family’s specific circumstances.
