P&N BLOG | When a Minor is Involved in a Personal Injury Claim

When a child is injured because of someone else’s negligence, the path to justice is more complex than it is for adult victims. Special legal safeguards are in place to ensure a child’s rights and best interests are fully protected throughout the claims process. Whether the injury stems from a car accident, a slip-and-fall, or medical malpractice, it’s essential for families to understand how these cases work.

In today’s blog, we’re breaking down what parents and guardians need to know when pursuing a personal injury claim on behalf of a minor.

Who Can File a Personal Injury Claim for a Minor?

Because minors (anyone under 18) cannot legally represent themselves, a parent or legal guardian must file the claim on their behalf. In some situations, a guardian ad litem—a neutral third party—may be appointed by the court to represent the child’s best interests, especially if there’s a potential conflict of interest (for example, if a parent may be partially at fault).

While parents or guardians lead the legal process, any compensation awarded belongs solely to the child and is meant to cover injury related costs like medical expenses, emotional suffering, and future losses.

Understanding the Statute of Limitations

The statute of limitations sets the time limit for filing a claim, but when a child is involved, the rules often differ. In many states, the countdown doesn’t begin until the child turns 18. However, exceptions can apply depending on the type of case, the defendant, and state-specific laws.

To avoid missing critical deadlines, it’s crucial to consult a personal injury attorney as soon as possible after the injury occurs.

How Compensation is Managed for Minors

When a personal injury claim involving a minor results in a settlement, the court closely oversees how the funds are handled. In most cases, the money is placed in a trust, structured settlement, or a blocked bank account; only accessible when the child turns 18.

This added layer of protection ensures the compensation is used appropriately, such as for ongoing medical care, therapy, or education, and prevents misuse by others.

Court Involvement in Minor Settlements

Courts take an active role in cases involving injured minors. If a settlement is reached, a judge will typically hold a minor settlement hearing to review the terms and make sure the agreement is fair and in the child’s best interest.

During the hearing, the judge will consider the nature of the injury, the amount of the settlement, and any future care the child may require before granting approval.

Types of Compensation Available

Damages in a personal injury case involving a child can include:

• Medical Expenses: Covers both immediate and long-term care needs.

• Pain and Suffering: For the physical and emotional impact of the injury.

• Loss of Future Earnings: If the injury will affect the child’s ability to work later in life.

• Parental Loss of Income: In some cases, parents may be compensated for time taken off work to care for their injured child.

Should You Settle or Go to Trial?

Most personal injury claims involving children are resolved through settlement rather than going to court. Settlements can provide quicker resolutions and help avoid the emotional and financial stress of a trial. That said, the decision depends on the strength of the case, the offer on the table, and whether the settlement adequately addresses the child’s future needs.

If a settlement is reached, it must be approved by the court to ensure it truly serves the child’s best interest.

Why You Need an Experienced Personal Injury Attorney

Given the additional rules and oversight involved in minor injury claims, working with a knowledgeable personal injury attorney is key. An attorney will:

• Navigate legal procedures

• Handle negotiations with insurance companies

• Represent the child’s best interests in court

• Ensure all local and state requirements are met

From filing the claim to managing court approval and financial planning, an experienced attorney can help you avoid common pitfalls and secure the best outcome for your child.

Your Child Deserves Justice And So Do You

If your child has been injured due to someone else’s negligence, don’t go through this process alone. Contact The Law Offices of Parente & Norem, P.C. today at 312.641.5926 for a free consultation with one of our skilled personal injury attorneys. We’ll walk with you every step of the way because your child deserves the best care, support, and compensation possible.