TL;DR
- Children have the same right to compensation as adults when injured due to negligence, but the legal process for minors involves important differences.
- Parents or guardians file claims on behalf of minors, and courts in many states require judicial approval of settlements to protect the child’s interests.
- The statute of limitations for minors often does not begin until the child turns 18, giving families more time to act — but waiting risks losing evidence.
- Recoverable damages for injured children can include future medical care, lost future earnings, and pain and suffering that extends into adulthood.
Contact Dermer Law today for a free consultation.
Whether it’s a playground fall, a car accident, medical error, or unsafe premises, children have the same legal right to protection and compensation as adults, but the rules around personal injury claims for minors are different. Here’s what families need to know when a minor is hurt due to another party’s carelessness.
Children Have a Right to Compensation—But Can’t File Their Own Claim
Under the law, minors (individuals under 18) cannot file a lawsuit on their own. Instead, a parent or legal guardian typically files the claim on the child’s behalf as their “next friend” or representative.
Claims involving minors can cover a wide range of negligent situations, including:
- Car accidents
- Slip and falls or unsafe property conditions
- Dog bites or animal attacks
- School or daycare injuries
- Defective toys, playground equipment, or children’s products
- Medical negligence or malpractice
The core question in any of these cases is the same: Did someone else fail to act with reasonable care, resulting in harm to the child?
What Types of Damages Can Be Recovered?
When a child is injured, the damages often reflect both immediate and long-term consequences. A personal injury claim can seek compensation for:
- Medical expenses (including future care or therapy)
- Pain and suffering
- Emotional distress or trauma
- Disability or disfigurement
- Loss of enjoyment of life
- Educational impacts or developmental delays
- Loss of future earning potential (in severe cases)
Parents may also be able to recover compensation for their own out-of-pocket expenses, such as time off work to care for the child or non-reimbursed medical bills.
How Settlements for Minors Are Handled Differently
Because the legal system recognizes that minors need special protection, any settlement involving a child typically requires court approval—even in out-of-court resolutions. This process helps ensure that:
- The settlement amount is fair and in the child’s best interest
- Funds are properly protected until the child turns 18
- Guardians or parents do not misuse or access the money prematurely
In many states, courts require that the settlement be placed in a blocked bank account or structured annuity that cannot be accessed until the minor becomes a legal adult.
What Is the Statute of Limitations for a Child Injury Case?
The statute of limitations (the deadline to file a claim) is typically extended for minors. While adult personal injury cases may have a deadline of two or three years, children often have until a certain number of years after their 18th birthday to file a lawsuit.
However, evidence can disappear, memories fade, and legal options narrow over time. It’s always in the family’s best interest to consult a lawyer as soon as possible after the injury occurs.
Proving Negligence in a Child Injury Case
To succeed in a personal injury claim for a minor, the plaintiff must prove the same elements as in an adult case:
- Duty of care – The defendant had a legal responsibility to act safely.
- Breach of duty – That duty was violated.
- Causation – The breach directly caused the injury.
- Damages – The child suffered actual harm.
What’s different is that children are held to a different standard of conduct. For example, a property owner must anticipate that a child may not recognize or avoid obvious dangers—and must take extra steps to protect them.
Frequently Asked Questions
Can a parent file a personal injury claim on behalf of their injured child?
Yes. Because minors cannot file lawsuits on their own, a parent or legal guardian files as the child’s representative — sometimes called the next friend. The parent acts on behalf of the child but does not personally receive the damages. Settlements involving minors typically require court approval to ensure the compensation is in the child’s best interest.
Does the statute of limitations work differently for children in personal injury cases?
In many states, the statute of limitations for a minor does not begin to run until the child reaches 18. This means a child injured at age 5 may have until age 20 or 21 to file a claim in some jurisdictions. However, waiting is risky because evidence fades, witnesses become unavailable, and documentation becomes harder to obtain. Consulting an attorney promptly is always the better course.
What types of compensation can an injured child recover?
An injured child may recover medical expenses including future care, pain and suffering, emotional distress, disability or disfigurement, and loss of enjoyment of life. Unlike adult claims, a child’s damages may project decades of future losses including impaired earning capacity and ongoing treatment needs. Courts and juries often take a long-term view when evaluating damages for children.
Does a court need to approve a settlement for an injured minor?
In most states, yes. When a personal injury settlement involves a minor, a court typically must review and approve the agreement to confirm it serves the child’s best interests. The process varies by state but generally involves a judge reviewing the settlement terms. Funds are often held in trust or a structured arrangement until the child reaches adulthood.
How Dermer Law Helps Families After a Child Injury
At Dermer Law, we know how deeply an injury to a child affects the entire family. We work with care, discretion, and determination to:
- Investigate the cause of the injury
- Preserve evidence and speak to witnesses
- Coordinate with medical providers and experts
- Pursue full and fair compensation for your child’s future
- Ensure court approval and proper handling of any settlement
We also protect families from insurance companies who may try to minimize the harm or push for a quick settlement that doesn’t account for long-term needs.
Contact Dermer Law for a Free Consultation
If your child has been injured due to someone else’s negligence, you don’t have to navigate the legal process alone. Contact Dermer Law today for a free, confidential consultation. We’ll answer your questions, explain your rights, and guide you through the next steps to protect your child’s future.
