How Old Do You Have to Be to Bring a Personal Injury Case?

To file a personal injury lawsuit independently, you must be 18 years old in most states. However, if you’re under 18, your parents or legal guardians can file a claim on your behalf. The statute of limitations is typically paused until you reach 18, at which point you have the standard period (usually 1-3 years, depending on your state) to file. While minors can’t file directly, there’s no minimum age limit for having a case brought on your behalf – parents can pursue claims for injuries that occur at any age, from birth onward.

Personal Injury Cases and the Protections in Place for Minors

When a child is injured due to someone else’s negligence, understanding the legal process helps protect their rights and secure their future. While adults can immediately file lawsuits, the rules are different—but not more difficult—when minors are involved.

Whether your child has suffered a brain injury from a car accident, trauma from social media platforms, injuries at daycare or school, medical malpractice complications, defective product harm, sports injuries, or pedestrian accidents, Munley Law’s experienced child injury attorneys can help secure your child’s rights to compensation and long-term care.

Filing a Claim as a Minor

While most states require individuals to be 18 to file independently, this doesn’t mean children lack legal recourse. Parents or legal guardians can file claims on their child’s behalf, ensuring injuries are addressed promptly. Every settlement requires court approval, protecting the child’s interests through careful oversight of both immediate and long-term needs.

The Role of the Guardian ad Litem

In significant cases, courts appoint a Guardian ad Litem (GAL) – an independent representative focused solely on the child’s interests. They serve as an independent legal representative appointed by the court to protect a minor’s interests in personal injury cases. Their role encompasses investigating the circumstances of the injury, evaluating proposed settlements, and making recommendations to the court about whether decisions serve the child’s best interests. GALs interview relevant parties, including the child, parents, medical providers, and witnesses, to form their assessment. They also review medical records, insurance details, and proposed settlement structures.

Unlike the family’s attorney, representing the parents’ interests, the GAL’s sole duty is to the child. Courts typically require GAL appointments in cases involving substantial settlements, disputed liability, or complex medical issues. The GAL’s written report and testimony significantly influence the court’s decisions about settlement approval and fund distribution methods. This role helps prevent conflicts of interest and ensures settlements properly account for the child’s long-term needs. They investigate the injury circumstances, interview everyone involved (including your child), review medical records, and evaluate proposed settlements. Their recommendations help ensure any settlement truly serves your child’s future needs.

Time Limits for Filing Claims

Unlike adult cases, the legal clock works differently for minors. The statute of limitations typically “pauses” until the child turns 18. For example, if your child is injured at age 10, they’ll usually have until their 20th birthday to file a claim (the standard 2-year limit starting at 18). However, parents can and often should file sooner, especially when immediate medical care is needed.

While the standard timeframe for personal injury claims ranges from one to three years, depending on jurisdiction, a minor injured at age 16 typically has until their 18th birthday to initiate a claim. Parents can file before the child reaches maturity, particularly when immediate medical attention is needed. The discovery rule may extend these deadlines based on when injuries were discovered.

Turning 18: What Changes with a Personal Injury Case?

When minors turn 18, they gain full legal control to manage their personal injury case. This transition allows them to file lawsuits independently, continue existing cases, or initiate new legal actions. They can directly engage with attorneys and mediators to negotiate settlement terms. The statute of limitations resumes upon reaching majority age, typically allowing until approximately age 20 to file claims. This period varies by jurisdiction and may be extended under specific circumstances like the discovery rule.

They can continue an existing lawsuit, start a new one, or directly participate in settlement negotiations. If no claim was filed earlier, they typically have until age 20 to initiate one, though this varies by state and circumstance.

Protecting Your Child’s Settlement

Two main options exist: lump-sum payments for immediate expenses like medical care or education and structured settlements that provide regular payments throughout your child’s life. These structured payments often align with important milestones, ensuring financial security while preventing premature fund depletion.

Courts take extra care with minor settlements, requiring a detailed review of how funds will be managed.  Settlement distribution for minors involves specific legal processes and regulations requiring court approval. The court must verify that the settlement serves the child’s best interests through a review process where parents or guardians present case details, injury circumstances, and settlement calculations.  Courts often prefer structured settlements as they ensure long-term financial stability and prevent premature depletion of funds while maintaining flexibility for immediate medical or educational needs.

Getting Help for Your Child’s Personal Injury Case

At Munley Law, we understand the unique challenges of child injury cases. Our experienced personal injury attorneys guide families through this complex process, ensuring every detail is handled correctly – from GAL appointments to settlement structures. We work to secure maximum compensation while protecting your child’s long-term interests.

Don’t let confusion about age requirements delay your child’s rights to compensation. Contact Munley Law today for a free consultation. Our dedicated team will explain your options, answer your questions, and help create a plan for your child’s best interests. Call us. We’re here to help your family move forward.