Can a Minor File a Personal Injury Claim?
If you have a young child or teen who suffered a personal injury, you may be wondering, “Can a minor file a personal injury claim?”
After all, they will have medical bills and property damage to deal with, just like an adult would. Instead of you paying for all those bills, you may be looking for some financial assistance.
Fortunately, you can get it with the help of an experienced attorney.
What is a personal injury claim for a minor?
A personal injury claim is a legal request for compensation after someone is harmed due to another party’s negligence.
For minors, these claims often arise from car accidents, slip and falls, dog bites, school injuries, or other incidents where safety rules were not followed.
A personal injury claim involving a minor may seek compensation for:
- Medical expenses
- Future medical care
- Pain and suffering
- Emotional trauma
- Permanent injuries or scarring
Because minors cannot legally enter contracts, the process differs slightly from adult personal injury cases.
After a wreck, can a minor file a personal injury claim?
Not independently. While a minor absolutely has the right to seek compensation, they cannot legally file or settle a claim on their own.
However, they do have the right to file an injury claim and even to go to court.
However, as long as they are under the age of 18, they are not legally allowed to enter into a contract.
If your injured child was involved in a car accident or another incident, the claim must be filed by:
- A parent, or
- A legal guardian, acting on the child’s behalf
This adult representative works with a personal injury lawyer to manage the claim, sign legal documents, and make decisions in the child’s best interest.
That means that you, as their parent or guardian, will have to hire an attorney on their behalf and sign to accept any settlement offers they receive.
What is the role of a parent or legal guardian?
| Responsibility | What It Involves |
|---|---|
| Hiring Legal Representation | Selecting and working with a personal injury lawyer on the child’s behalf. |
| Managing the Claim | Authorizing settlement discussions and overseeing the legal process. |
| Approving Settlements | Reviewing and approving any proposed personal injury settlement, subject to court approval. |
Important: Even if the injury appears minor, early legal guidance can help protect your child’s long-term rights and financial interests.
As a parent or legal guardian, you play a big role in your child’s personal injury case. You are responsible for:
Even if the injury seems minor at first, early legal guidance can help protect your child’s long-term interests.
- Hiring a personal injury lawyer
- Authorizing settlement discussions
- Approving any proposed personal injury settlement
Should my teen wait to file a personal injury claim?
If your teen wants to handle this independent of you, they can, so long as they are 18 or legally emancipated.
In the state of New York, a person has three years to file a lawsuit after being hurt in an accident. If they will turn 18 during this time frame, they could always move to hire an attorney at that time. However, there are significant risks associated with waiting that long.
First, it is difficult to remember what happened; things change, so the scene may not be preserved and any witnesses may have moved away or be difficult to track down. Recommendation: We recommend filing a case right away, as acting early can help preserve evidence, protect legal rights, and strengthen your claim.
Still, even in minor injury claims, delays can weaken a case. That’s why most experienced personal injury attorneys recommend filing as soon as possible, even if the settlement occurs later.
What happens to any money they receive?
One of the most common questions parents ask involves what happens to compensation awarded in a child’s personal injury settlement.
If a lawsuit is filed on behalf of a child who suffered a personal injury, any money they receive will go into a special account where it will remain until they turn 18. Important: That money cannot be touched by parents or anyone else until the child reaches the appropriate age or receives court approval.
However, if you, as a parent, have accrued medical bills due to their injuries, you may be able to petition the court for money to pay those bills.
Court approval and structured settlements
In New York, settlements involving minors usually require court approval. A judge reviews the terms to ensure the outcome is fair and in the child’s best interest.
In many cases, the court may order a structured settlement, which distributes funds over time rather than in one lump sum. Structured settlements are often used to:
- Protect long-term financial stability
- Cover future medical needs
- Prevent misuse of funds
When does a personal Injury Lawsuit become necessary?
Many cases resolve through negotiation, but sometimes a personal injury lawsuit is necessary. This may occur if:
- Liability is disputed
- The insurance company offers an unfair settlement
- The child’s injuries are severe or permanent
Filing a lawsuit does not always mean going to trial. In many cases, it is part of the broader legal process to secure a fair resolution.
Frequently Asked Questions
1. Can a Minor File a Personal Injury Claim?
Yes, but only through a parent or legal guardian. Minors cannot file or settle claims independently, but the law fully protects their right to compensation.
2. Who controls a personal injury claim involving a minor?
A parent or legal guardian manages the claim, works with a personal injury lawyer, and approves any settlement, subject to court approval.
3. What happens to settlement money awarded to a child?
Funds are typically placed in a protected account or structured settlement and held until the child turns 18, unless the court approves limited use for medical expenses.
4. Do all minor injury claims require court approval?
Most do. Court approval helps ensure that the settlement is fair and that the child’s financial interests are protected.
5. Should I contact a personal injury lawyer if my child’s injuries seem minor?
Yes. Even minor injury claims can involve future medical issues. A consultation with an experienced personal injury attorney can help you understand your options.
Learn More During a Consultation
After suffering a personal injury, it is critical that your child takes the time to relax and to seek medical attention.
As their attorney, we can handle the legal aspects of what happened so neither of you have to.
At Greenstein & Pittari, LLP, our attorneys have extensive experience handling personal injury cases involving minors, including court approval and structured settlements.
We invite you to schedule a free consultation to discuss what happened, your child’s injuries, and what to expect next.
We will be happy to answer your questions after you call 1 (800) 842-8462 or click here to schedule an appointment.