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Index

1. Legal Differences in Personal Injury Claims Involving Minors
2. Parental and Guardian Roles in a Minor’s Injury Claim
3. Understanding Compensation for Minors
4. Court Approval of Settlements for Minors
5. Statute of Limitations for Minor Injury Claims
6. Special Considerations in Medical Malpractice and Negligence Cases

Personal injury claims involving minors are handled differently than those involving adults, requiring additional legal considerations and court oversight. Parents and guardians must understand their legal responsibilities to ensure their child’s best interests are protected.

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Legal Differences in Personal Injury Claims Involving Minors

Children lack the legal capacity to file lawsuits, so personal injury claims on their behalf must be handled by a parent or legal guardian. These cases also have unique rules regarding liability and compensation.

• Minors cannot represent themselves in legal claims and require a parent or guardian to act as their representative.
• Courts often provide extra scrutiny to settlements involving minors to prevent unfair agreements, and most settlements involving minors require court approval.
• Some states apply different liability standards when children are involved in accidents, particularly in cases of comparative negligence.
• The statute of limitations for personal injury claims may be extended for minors, delaying the legal deadline to file a claim.

Because minors cannot legally negotiate or accept settlements, courts intervene to ensure that any agreement serves the child’s best interests. Additionally, liability laws may differ when assessing a minor’s role in an accident, which can affect compensation eligibility. Understanding the role of parents and guardians in these claims is essential to navigating the legal process effectively.

Parental & Guardian Roles in a Minor’s Injury Claim

Parents or legal guardians play a crucial role in advocating for their child’s rights and managing the legal process. Understanding these responsibilities is key to successfully navigating the claim.

• The parent or guardian must initiate the legal claim on behalf of the injured minor.
• They are responsible for gathering evidence, working with attorneys, and negotiating with insurance companies.
• In some situations, courts may require a legal guardian to be formally appointed for litigation purposes.
• Parents must act in the child’s best interests and ensure that settlement funds are used appropriately.

Legal guardians play an active role in guiding the claim, but courts may impose restrictions to ensure that any awarded funds are preserved for the minor’s future needs rather than being misused. With compensation being a crucial aspect of personal injury claims, knowing how funds are structured for minors is the next key consideration.

Read more about How Long You Have to File a Personal Injury Claim.

Understanding Compensation for Minors

The compensation awarded in a minor’s personal injury claim is often structured differently from that of an adult case. Special considerations often must be taken to ensure public assistance benefits are preserved, and that any funds received are used appropriately for the child’s well-being.

• Compensation typically covers medical expenses, physical pain and mental suffering, as well as any future care needs.
• Courts may require that settlement funds be placed in a structured settlement or annuity to provide payments over time.
• Parents may recover certain expenses they incurred on behalf of the child, such as past medical costs.
• Some settlements establish trust accounts to protect funds until the child reaches adulthood. The use of a trust can also help preserve public assistance benefits such as disability payments when applicable.

Because minors cannot manage their own finances, courts implement safeguards like trust accounts and structured settlements to ensure that compensation is used responsibly for medical care, education, and future needs. Given these legal safeguards, court approval is often required before finalizing settlements.

Court Approval of Settlements for Minors

When a personal injury claim involving a minor reaches a settlement, court approval is usually required to prevent unfair agreements. The court approval process helps ensure the child receives fair compensation and that the compensation is utilized for the child.

• Judges review settlement terms to confirm that they align with the child’s best interests.
• Some jurisdictions require a court-appointed guardian ad litem to evaluate the settlement.
• The court may direct that funds be placed into a restricted account or trust for the minor’s future use.

By requiring judicial review, the legal system provides a layer of protection to prevent exploitation and mismanagement of a minor’s financial award. However, the timing of filing a claim is also a critical factor, as statutes of limitations can impact a minor’s ability to seek compensation.

For more information, visit the National Center for State Courts.

Statute of Limitations for Minor Injury Claims

The statute of limitations dictates how long an individual has to file a personal injury claim. In cases involving minors, these deadlines are often extended.

• Many states allow the statute of limitations to be tolled (paused) until the minor turns 18. For instance in Nebraska, Neb. Rev. Stat. §25-213 tolls the statute of limitations for any person under the age of twenty at the time the injury occurred.
• Parents may still need to act quickly to secure evidence and preserve witness testimony.
• Failing to file within the extended deadline can result in loss of compensation rights.

While minors often receive extended filing deadlines, waiting too long can jeopardize the case due to lost evidence or unavailable witnesses. Some claims, such as those involving medical malpractice or negligence, may have additional legal complexities that parents need to be aware of.

See general information on the Statute of Limitations from Cornell School of Law, as well as Neb. Rev. Stat. §25-213, which governs the tolling of the statute of limitations for specific actions involving minors.

Special Considerations in Negligence Cases Involving Minors

Complex negligence claims, such as disputed liability claims or trucking accidents, often require additional scrutiny out of the gate, especially when they affect minors. Often there is evidence that must be preserved, and different rules may apply compared to standard car accident injury cases.

• Trucking claims often involve multiple parties with complex business relationships. It’s important to make certain steps are taken early on to preserve any evidence that may be necessary to establish liability at trial. Examples include spoliation letters, tractor inspections, and accident reconstruction.
• Expert testimony is often crucial in complex injury cases. In addition to the child’s treatment providers, expert testimony from an accident reconstructionist, human factors expert, or trucking industry expert may be necessary to ensure the claim is successful.
• Preservation of compensation for past medical expenses.  While the statute of limitations for a minor’s claim might be tolled, the claim for past medical expenses might not be. The injured child’s parent or legal guardian is typically the responsible party for their child’s medical expenses. In a serious injury claim with large medical expenses, the lawsuit may need to be filed within the usual statute of limitation period if compensation of past medical expenses is being sought.

Given the complexity of many accident injury cases, securing legal representation early on can be crucial to making certain liability is established and maximizing compensation for the child’s needs. Understanding all of these legal considerations allows parents to make informed decisions and take necessary steps to protect their child’s rights.

Personal injury claims involving minors require careful legal navigation, both during the claim and after securing recovery, to protect the child’s rights and financial future. Parents and guardians must be aware of their roles, compensation structures, and legal deadlines. Seeking legal counsel early ensures parents and guardians are educated so they can pursue the best possible outcome for an injured minor.

Choose Chandler | Conway for Your Nebraska Personal Injury Case

Choosing the right legal representation is essential when handling a personal injury claim involving a minor. At Chandler | Conway, we are committed to fighting for the rights of injured minors and ensuring they receive the full compensation they deserve.

• Experience in Personal Injury Law: Our legal team has extensive experience navigating complex personal injury claims, including those involving minors.
• Client-Focused Approach: Every case is different. We work closely with parents and guardians to provide personalized legal guidance tailored to their unique situation.
• Proven Track Record: Chandler Conway has a history of securing favorable outcomes for families, ensuring financial security for injured minors.
• No Upfront Costs: We operate on a contingency basis, meaning you don’t pay unless we win your case.

When your child’s future is at stake, you need a law firm that prioritizes their well-being. Chandler Conway is dedicated to protecting your family’s rights and securing the best possible outcome for your case.

Contact our Personal Injury Attorneys today for a consultation!