Car accidents can be devastating for anyone, but when minors are involved, the legal process becomes even more complex. Children and teenagers often suffer severe physical and emotional trauma after a crash, and their legal rights to seek compensation differ from those of adults. Parents and guardians must understand how personal injury claims work for minors and what options are available to secure justice and financial recovery for their child’s injuries.
While minors cannot file a lawsuit on their own in most states, they still have the right to pursue compensation through a parent or legal guardian. Personal injury laws allow children to seek damages for medical expenses, emotional distress, and long-term health complications caused by the accident.
Can a Minor Legally File a Personal Injury Lawsuit?
Minors are generally not allowed to file lawsuits on their own because they are not considered legally competent to handle legal matters. However, a parent, guardian, or court-appointed representative can file a personal injury lawsuit on behalf of the minor. This ensures that the child’s rights are protected and that they receive proper legal representation.
In some cases, once a minor turns 18, they may have the right to file a lawsuit themselves if a claim was not previously pursued. Many states provide an extended statute of limitations for minors, allowing them to file a claim after reaching adulthood if no legal action was taken while they were underage.
What Compensation Can a Minor Receive After a Car Accident?
Just like adults, minors injured in car accidents are entitled to compensation for their damages. This may include:
- Medical Expenses: Coverage for hospital bills, doctor visits, surgeries, therapy, and ongoing medical treatment.
- Pain and Suffering: Compensation for physical pain, emotional distress, and psychological trauma caused by the accident.
- Future Medical Costs: If the injury leads to long-term health issues or disabilities, the minor may be entitled to future medical expenses.
- Loss of Enjoyment of Life: If injuries prevent the minor from participating in normal childhood activities, they may be eligible for damages.
- Parental Expenses: Parents may also recover compensation for costs associated with their child’s care, including lost wages if they had to miss work to provide assistance.
The Role of a Guardian Ad Litem in a Minor’s Lawsuit
In personal injury cases involving minors, the court may appoint a guardian ad litem (GAL) to oversee the lawsuit and ensure the child’s best interests are represented. The GAL is typically an attorney or court-approved representative who advocates for the minor’s rights and helps guide settlement decisions.
The guardian ad litem plays a crucial role in reviewing any settlement offers to ensure they are fair and adequate for the child’s future needs. Courts may require judicial approval of settlements involving minors to prevent unfair agreements or mishandling of funds.
How Are Settlement Funds Handled for Minors?
Since minors cannot directly access settlement funds, courts often implement protective measures to ensure that the money is preserved for the child’s benefit. Depending on the state, the court may require one of the following arrangements:
- Structured Settlements: A portion of the compensation is placed into an annuity, providing periodic payments after the child turns 18.
- Blocked Bank Accounts: Funds are deposited into a court-monitored account that can only be accessed under court approval for medical or educational expenses.
- Trust Funds: In some cases, large settlements are placed into a trust, which a guardian manages on behalf of the minor.
These safeguards ensure that the settlement is used responsibly and that the minor has access to necessary financial resources as they transition into adulthood.
What Is the Statute of Limitations for a Minor’s Injury Claim?
The statute of limitations sets a deadline for filing a lawsuit, and for minors, this timeline is often extended. While personal injury claims for adults must typically be filed within two to four years, many states allow minors to file a claim up to a certain number of years after turning 18.
However, there are exceptions. If a parent or guardian is filing a claim for medical expenses incurred on behalf of the minor, the deadline may be shorter. It is critical to consult a personal injury attorney to ensure the claim is filed within the appropriate timeframe.
How Fault and Negligence Affect a Minor’s Case
To win a personal injury case, the plaintiff (injured minor) must prove that the defendant (at-fault driver or party) was negligent. This means demonstrating:
- The defendant owed a duty of care (e.g., following traffic laws and driving safely).
- The defendant breached that duty (e.g., reckless driving, speeding, or texting while driving).
- The breach caused the accident and led to the minor’s injuries.
- The minor suffered damages (e.g., medical bills, pain, and suffering).
In some cases, the insurance company or defense may argue that the minor contributed to the accident, particularly if they were a pedestrian or a bicyclist. Most states, however, recognize that children cannot be held to the same standards of care as adults, making it more challenging to assign fault to a minor.
Why Legal Representation Is Essential for a Minor’s Claim
Car accident cases involving minors can be legally complex, requiring knowledge of child injury law, insurance claims, and court procedures. Parents and guardians should work with a qualified personal injury attorney to navigate the process and ensure the best possible outcome for their child.
An experienced attorney can help:
- Investigate the accident and gather evidence.
- Work with medical experts to assess future medical costs.
- Negotiate with insurance companies to secure maximum compensation.
- Ensure that any settlement is structured in the child’s best interest.
Working with the best car accident attorneys in Fort Lauderdale at Rosen Injury Law can help families deal with these challenges and secure their child’s financial recovery for a healthy future.
What Happens When a Minor Turns 18?
If a lawsuit is not filed while the child is a minor, some states allow them to file a claim after they turn 18. This is especially helpful if the parents or guardians were unaware of their right to seek legal action at the time of the accident.
Once the individual reaches adulthood, they gains full legal control over their case and can make decisions regarding settlements, legal representation, and fund management. However, waiting too long can result in evidence loss and weakened claims, making it essential to act as soon as possible.
Protecting a Minor’s Legal Rights After a Car Accident
When a child is injured in a car accident, securing their future should be a top priority. Minors have the right to seek compensation for their injuries, pain, and future expenses, but the legal process requires careful handling by a parent, guardian, or attorney.
Understanding the extended statute of limitations, the role of a guardian ad litem, and structured settlements can help ensure that a minor receives fair and adequate compensation. Seeking guidance from an experienced car accident attorney can provide clarity and ensure that the child’s best interests are protected throughout the legal process.
