When a child is injured in an accident, the legal process for filing a personal injury claim becomes more complex. Minors cannot represent themselves in court, so the law provides special rules to protect their rights and ensure that compensation is handled appropriately. These cases require careful legal oversight and often involve additional court approvals and procedural steps.
Can a Child File a Personal Injury Lawsuit?
No. A child under the age of 18 cannot file a lawsuit on their own. Instead, a parent or legal guardian must file the claim on the child’s behalf. This person is known as a “guardian ad litem” in court proceedings.
The claim is filed against the at-fault party, whether it's a negligent driver, property owner, medical provider, or product manufacturer.
What Types of Accidents Lead to Child Injury Claims?
Common situations involving child injuries include:
- Car accidents (as passengers, pedestrians, or bicyclists)
- School or daycare negligence
- Playground equipment or sports injuries
- Dog bites
- Unsafe products or toys
- Slip-and-fall accidents in public or private spaces
Each of these incidents may involve different legal standards and parties. A qualified personal injury lawyer will identify the liable party and guide the case based on the specific circumstances.
What Damages Can Be Recovered?
The claim may seek compensation for both economic and non-economic damages, including:
- Medical expenses (past and future)
- Pain and suffering
- Emotional distress
- Permanent disability or scarring
- Loss of future earning capacity (in serious injury cases)
- Costs of special education or home modifications
Parents may also recover for out-of-pocket expenses they incur due to the injury (e.g., transportation, lost income for care duties), often in a separate but related claim.
How Is the Settlement Handled for a Minor?
Most courts require approval of any settlement involving a child. This is known as a minor’s compromise.
Key steps include:
- Filing a petition with the court detailing the injury, proposed settlement, and distribution plan
- A judge reviews the case to ensure the settlement is fair and in the child’s best interests
- The court may appoint a guardian ad litem to evaluate the agreement independently
If approved, the settlement funds are typically:
- Placed in a blocked account until the child turns 18, or
- Used to purchase a structured settlement annuity that provides payments over time
These safeguards prevent misuse of the funds and ensure they benefit the child as intended.
Statute of Limitations for Child Injury Claims
Most personal injury claims have a statute of limitations, a legal deadline to file. For minors, this period is usually paused (tolled) until the child turns 18. In California, for example, a child typically has until their 20th birthday to file (2 years after turning 18).
However, exceptions exist. Claims involving government entities often have much shorter deadlines, sometimes just 6 months, regardless of the child’s age. It's critical to consult a lawyer promptly to preserve all legal rights.
For timelines and legal procedures, refer to Avian Law Group’s legal resources for state-specific guidance.
Why Child Injury Cases Require Special Legal Handling
- Children can’t testify or negotiate for themselves
- Injuries may have long-term impacts not immediately visible
- Emotional trauma may affect development or behavior
- Insurance companies often attempt to minimize claims involving minors
An experienced attorney will account for both immediate medical costs and future consequences of the injury, ensuring the claim reflects the full scope of harm.
Frequently Asked Questions
What if the injury happens at school or daycare?
Schools and daycare centers have a legal duty to supervise and protect children in their care. If the injury occurred due to negligence, such as lack of supervision or unsafe facilities, the institution may be held liable.
Can the parents receive any of the settlement?
Only if they are making a separate claim for their own losses (e.g., medical costs they personally paid). The child’s compensation is legally reserved for the child and must be handled according to court guidelines.
What if the child was partially at fault?
Children are held to a different legal standard than adults. Courts will consider the child’s age and maturity. In most cases, very young children are not held responsible for their actions.
Final Thought
When a child is injured, the law takes extra steps to protect their rights and future well-being. From medical expenses to long-term trauma, the legal process must account for more than just immediate costs. A skilled personal injury lawyer can help navigate this complex area, pursue full compensation, and ensure that any settlement serves the best interests of the child—both now and in the years to come.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
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