When a child is hurt because of someone else's negligence, the legal process differs from an adult's claim. Courts supervise settlements to protect the child, and special rules affect deadlines and how money is held.
Who brings the claim
A minor cannot usually file a lawsuit alone, so a parent or guardian brings it on the child's behalf, sometimes called a next friend or guardian ad litem. Parents may also have their own claims for medical expenses and lost income. The injured child's claim for pain and suffering and future care belongs to the child.
Deadlines may be extended
In many states, the statute of limitations for a minor's injury claim is paused, or tolled, until the child turns 18, after which a limit starts. Parents' own claims may still be subject to ordinary deadlines. Exceptions exist, including for claims against governments, so do not assume more time is available. Confirm deadlines early.
Court approval of settlements
- Most states require a court to approve a minor's settlement to confirm it is fair.
- A judge reviews the injuries, medical records, attorney fees and proposed use of funds.
- The child's interests, not the parents' convenience, guide the decision.
- A guardian ad litem may be appointed.
- The court may require medical updates and limit attorney fees.
How the money is protected
- Blocked or restricted accounts that cannot be accessed until the child turns 18, except for court-approved withdrawals.
- Structured settlements that pay over time.
- Trusts managed by a trustee, especially for large amounts or disabilities.
- Special needs trusts to protect benefits.
- Court-approved payments for medical bills and certain needs.
Common situations
- Car accidents with child passengers.
- Playground and school injuries.
- Dog bites, which frequently involve children.
- Daycare or camp injuries.
- Birth injuries and medical malpractice.
- Defective children's products.
What parents should do
- Get medical care and keep complete records.
- Document the incident and injuries over time, including scars.
- Do not sign releases without understanding them.
- Be cautious with insurers and recorded statements.
- Talk to a lawyer experienced in minors' cases.
- Ask how funds will be held and when the child can access them.
- Consider how the child's future needs may change as they grow.
Why courts supervise minor settlements
Courts act as a protector for children because parents may have conflicts or may not fully understand the long-term needs of a child. A judge reviews whether the settlement is fair, how attorney fees are set and how the money will be held. This oversight is meant to ensure the child, not the family budget, benefits.
Planning for a child's future needs
Injuries to children can have lifelong effects, including future surgeries, therapy or learning difficulties. Medical experts may need to project future care. Settlements should account for growth, changing needs and the possibility that symptoms appear later. Funds held in blocked accounts or trusts can be structured to pay for future care and education.
Real-life scenarios
- A child is hurt in a school bus accident and the court approves a settlement placed in a blocked account until age 18.
- A parent settles without court approval and the settlement is later challenged.
- A child with a brain injury receives a settlement placed into a special needs trust.
Common mistakes to avoid
- Settling without court approval.
- Assuming parents can use the money freely.
- Not planning for future treatment.
- Missing the parent's own claim deadline.
- Failing to document the injury over time.
- Not asking about taxes and benefits.
Questions to ask a professional
- Does the settlement need court approval?
- How will the money be held?
- What happens if the child needs care before 18?
- Can I claim my own expenses?
- What are the deadlines for me and my child?
A practical action plan
- Get medical care and preserve records.
- Talk to a lawyer experienced in minors' cases.
- Ask about court approval and fee review.
- Choose an appropriate account or trust.
- Keep records for the child's future.
Terms you may hear
- Guardian ad litem: a person representing the child's interests.
- Blocked account: a restricted account for a minor's funds.
- Tolling: pausing a deadline.
- Minor compromise: court approval of a child's settlement.
- Structured settlement: periodic payments.
Practical considerations
Parents should keep a long-term file of their child's medical records, school records and other documents showing how the injury affected development. These records help establish damages and future needs. Photographs of scars and progress over time are especially useful, since they show changes that a settlement hearing may not capture.
Special situations and exceptions
Be careful about how settlement funds are described and used. Courts expect funds to benefit the child, and misuse can lead to legal consequences. If the child has special medical needs, consider consulting a lawyer about trusts and structured settlements. Keep detailed records of withdrawals and expenses approved by the court.
Frequently asked questions
Can parents spend a child's settlement?
Generally no. Funds are restricted and used for the child's benefit under court supervision.
When does the child get the money?
Often at 18, or later if held in a trust.
Can a minor sue after turning 18?
In many states yes, if the deadline was tolled.
Is court approval always required?
In most states for settlements over a small amount.
Do attorney fees change for minors?
Courts often review and may reduce fees.
Can parents use the money for household expenses?
Generally no, unless the court approves.
When does the child get access?
Often at 18.
Can fees be reduced by the court?
Yes, courts review fees in minors' cases.