How Are Personal Injury Claims Involving Minors Different?

Personal injury claims can be complex under the best of circumstances. When a child is injured due to someone else’s negligence, these cases become even more intricate, with additional legal protections and requirements designed to safeguard the minor’s interests.

Understanding these differences is crucial for parents and guardians navigating the aftermath of a child’s injury. Unlike adult personal injury claims, cases involving minors require specific procedures, court oversight, and extended timelines that can significantly impact how these claims are handled.

The legal system recognizes that children cannot make informed decisions about their own legal rights. This recognition has led to specific laws and procedures that ensure minors receive appropriate representation and that any settlements truly serve their long-term best interests. If your child has suffered a personal injury, the personal injury attorneys at Lenahan & Dempsey, P.C. can help you get the compensation your child and family need.

Legal Capacity and Representation Requirements

The most fundamental difference in child injury lawsuits is that minors cannot file legal claims on their own behalf. Children under 18 lack the legal capacity to initiate lawsuits, negotiate settlements, or make binding legal decisions.

A parent or legal guardian must step forward to represent the minor throughout the entire legal process. This representative has the authority to make decisions about the case, hire attorneys, and negotiate on the child’s behalf. However, this authority comes with significant responsibilities and limitations.

Court Approval for Settlements

One of the most significant differences in personal injury claims involving minors is the requirement for court approval of any settlement. This protective measure ensures that agreements reached on behalf of children truly serve their best interests.

The Court Review Process

When a settlement is proposed, the court examines several factors:

• The severity and long-term impact of the injuries
• Current and future medical expenses
• The child’s potential lost earning capacity
• The adequacy of the proposed compensation
• Whether the settlement amount is reasonable compared to similar cases

The judge may reject settlements deemed inadequate or request modifications to better protect the child’s future needs. This process can extend the timeline for resolution but provides essential protection for vulnerable parties.

Structured Settlements and Trusts

Courts often require that settlement funds be protected until the child reaches adulthood. Common arrangements include:

• Structured settlements provide periodic payments over time rather than a lump sum, ensuring long-term financial security.
• Court-supervised trusts where funds are managed by a trustee until the minor turns 18.

These arrangements prevent the dissipation of settlement funds and ensure money remains available for the child’s ongoing needs.

Statute of Limitations Considerations

The statute of limitations — the time limit for filing a lawsuit — operates differently for minors. While adults typically have a specific number of years from the date of injury to file a claim, the timeline for children is often extended significantly.

Tolling of Statutes

In Pennsylvania, the statute of limitations is “tolled” or paused until the minor reaches the age of majority (typically 18). This means the clock doesn’t start ticking until the child becomes an adult, giving them additional time to pursue a claim if necessary.

For example, if a child is injured at age 10 in a state with a two-year statute of limitations, they would have until age 20 to file a lawsuit — two years after reaching adulthood.

This extended timeline recognizes that the full extent of a child’s injuries may not be apparent immediately and allows time for proper evaluation as the child develops.  However, if the parent or guardian incurred expenses on the minor’s behalf, the parent or guardian may have to bring suit within the original statute of limitations to make sure those claims are preserved.  To make sure all potential claims are preserved, it is best to consult with an attorney for your specific circumstances.

Protecting the Minor’s Financial Interests

Courts take extra precautions to ensure that settlement funds benefit the injured child rather than being misused by others. These protections go beyond simple court approval and include ongoing oversight of how funds are managed and spent.

Choosing the Right Legal Representation

The complexity of personal injury claims involving minors makes professional legal representation essential. Parents should seek attorneys who understand the unique aspects of these cases, including court approval processes, damage calculations for children, and long-term planning for settlement funds.

A skilled attorney will navigate the additional procedural requirements, work with medical professionals to project future needs, and ensure all court-mandated protections are properly implemented.

With conveniently located offices in Scranton, Berwick, Tunkhannock, and the Pocono Mountains region, we’re dedicated to helping injured across all of Northeastern/Central PA and the Pocono Mountains Region and surrounding counties including cities and towns such as Pittston, Wilkes-Barre, Scranton, Clarks Summit, Dallas, Kingston, Bear Creek, Meshoppen, Back Mountain, Dunmore, Carbondale, Nanticoke, Bloomsburg, Hazelton, East Stroudsburg, Throop, Jessup, Forest City, and more.

Ensuring Your Child’s Future is Protected

Personal injury claims involving minors require careful navigation of complex legal protections designed to safeguard children’s interests. From mandatory court approval to extended statutes of limitations, these cases demand extensive knowledge and skill.

A personal injury can occur in many different types of mishaps and tragedies, ranging from auto accidents to slip and fall cases to wrongful death actions. When you need a lawyer to represent you in a personal injury case, you must choose a lawyer or a firm with a broad practice area that can handle your claim.

For more than 75 years, Lenahan & Dempsey has stood up for injured clients and their families. Recognized in The Best Lawyers in America and backed by a Tier 1 Law Firm ranking, our team is dedicated to securing justice for those facing life-changing injuries. With offices across Northeastern Pennsylvania and the option of home or hospital visits, we make it easier for families to get the help they need.  Contact us to schedule a free consultation about your case.

*Best Lawyers in America and Best Law Firms are trademarks of Woodward White. This trademark is used with permission. Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.