Filing a Personal Injury Claim for a Child Injured in Luzerne County: What PA Law Requires

When a Child Is Injured in Luzerne County

Most adults have a general sense of what to do after a serious injury. When a child is involved, those same decisions can feel far less straightforward. Whether it happens at school, on a playground, in a car accident, or on someone else’s property, these incidents often leave parents managing medical bills, missed work, and tough questions about next steps.

Unintentional injuries remain one of the leading causes of harm to children in Pennsylvania, with motor vehicle crashes and falls among the most common reasons minors are treated in emergency rooms. In 2024, 3,224 crashes were reported in Luzerne County by PennDOT.  Many of those crashes involved families traveling local routes like Route 309, Interstate 81, or the Sans Souci Parkway,  roads where child passengers are regularly injured.

Personal injury claims for children are handled differently under Pennsylvania law. Knowing how these cases work can help families protect a child’s future and make informed decisions as soon as possible.

The Wilkes-Barre personal injury attorneys at Munley Law represent families across Luzerne County and guide them through complex claims involving minors. The firm recently secured a $7.5 million verdict for a child injured in a car accident.

Why Children’s Injury Claims Are Different

In Pennsylvania, minors cannot file lawsuits on their own. A parent or legal guardian must bring the claim on the child’s behalf.

Courts take extra steps to protect a child’s best interests. Any settlement involving a minor typically requires court approval to ensure the outcome is fair and that the child’s needs are properly addressed.

Common situations that may lead to a child injury claim include:

• Car accidents involving child passengers
• Playground or school-related injuries
• Dog bites
• Slip and fall accidents on unsafe property
• Defective toys or consumer products

Because children are still growing, injuries can have long-term effects that may not be immediately obvious. Careful evaluation and early documentation are essential to protecting their future.

Pennsylvania Law and Filing Deadlines for Child Injuries in Luzerne County

Pennsylvania generally requires personal injury claims to be filed within two years of the incident.

For minors, the statute of limitations is often extended. Many children have until their 20th birthday to file a claim.

Even with that extra time, waiting can weaken a case. Evidence disappears, witnesses move or forget details, and memories fade. Acting promptly preserves the strongest case possible.

It’s important to note that parents’ claims for medical expenses are usually subject to the standard two-year deadline, even when the injured person is a child.

What Compensation May Be Available

Child injury claims are meant to cover both immediate and future needs. Depending on the situation, compensation may include:

• Medical expenses, including ongoing care
• Rehabilitation or therapy
• Pain and suffering
• Emotional distress
• Loss of future earning capacity in severe cases

Courts may require settlement funds to be placed in a protected account until the child reaches adulthood, ensuring the money is used to support their recovery and future needs.

Court Approval and Settlement Requirements

Unlike most adult claims, settlements for minors must usually be approved by the court.

This process ensures:

• The settlement amount is fair
• Attorney fees and expenses are reasonable
• Funds are properly safeguarded for the child

In Luzerne County, the Court of Common Pleas of the 11th Judicial District, located at 200 North River Street in Wilkes-Barre, may review medical documentation, witness statements, and financial breakdowns before approving any settlement. While it can add time, this step protects the child’s long-term interests.

Who May Be Liable for a Child’s Injury?

Responsibility depends on how the injury occurred. Multiple parties may share liability:

• Drivers in motor vehicle accidents
• Property owners who fail to maintain safe conditions
• Schools or organizations responsible for supervision
• Manufacturers of unsafe or defective products

Each case requires a careful investigation to determine who is legally responsible and what evidence is needed to support a claim.

How Munley Law Helps Families in Wilkes-Barre

When a child is injured, the focus is always on recovery. Understanding your legal options can make a meaningful difference in securing the resources your family may need.

If your child has been injured in Luzerne County, speaking with Munley Law can help you understand:

• How to file a claim on your child’s behalf
• What compensation may be available
• The steps Pennsylvania law requires at each stage

Child injury cases require experience, patience, and a focus on long-term outcomes. The attorneys at Munley Law work closely with families, medical professionals, and financial experts to understand the full impact of an injury and protect your child’s future.

Contact Munley Law today for a free, no-obligation consultation.