Can A Minor Sue For Personal Injury?
From slip and fall accidents to injuries sustained in a car crash, children and teens aren't immune from physical harm. But while adults can sue other adults for personal injuries that result from reckless or negligent conduct, minors have a more limited set of remedies they can pursue on their own. Read on to learn more about the situations in which minors can sue for personal injury and when they're required to wait until they reach adulthood.
Can Minors File Personal Injury Lawsuits?
If a minor is injured in an accident, in most cases, he or she will have the same personal injury rights as an adult in a comparable situation. But because a minor isn't deemed competent to make binding decisions or enter into contracts without the approval of a parent or guardian, the lawsuit will usually be captioned with both the parent or guardian's name and the child's name as plaintiff. The parent or legal representative will have the authority to negotiate settlements and sign binding contracts on the child's behalf.
In addition to the recovery owed to the minor, the parent of a minor who has suffered personal injuries may also be able to sue the responsible party to obtain compensation for medical bills owed, lost wages, and (in some cases) emotional distress suffered.
If a settlement is reached, some funds may be disbursed to the parent or guardian to help compensate them for the out-of-pocket expenses they've already incurred and are likely to incur in the future. But in most cases, the bulk of the settlement dollars will be set aside in a trust that the minor can access on their 18th birthday. These funds can be used to pay for ongoing medical care, college tuition, or even the down payment for a first home, depending on the minor's needs at the time.
Because a parent or guardian is considered the child's legal representative, there's a strong presumption that the parent is acting in the child's best personal and financial interests. This means that if the child later decides that they are unhappy with the settlement they've received, they may have few options.
When Do Minors Have to Wait?
In some cases, especially if the minor is close to turning 18, it can be beneficial to wait until after they turn 18 before using personal injury services. Each state sets forth a different statute of limitations for personal injury claims, and as long as a claim is filed before this deadline, it should be able to proceed. Waiting to file a personal injury claim can provide the minor with full veto power over any potential settlements.