When a child is injured in an accident, special legal rules apply that are designed to protect the child's interests. Understanding these rules is essential to ensuring your child receives the full compensation they deserve.
Get Help for My Child — Free ConsultationThe legal system provides extra protections for injured children. Here's what every parent needs to know.
In virtually every state, any settlement involving a minor must be approved by a court — even if both parties agree on the amount. The court acts as a guardian of the child's interests and will review the settlement to ensure it is fair and in the child's best interest.
Settlement funds for minors cannot simply be handed to the parents. Courts typically require the funds to be placed in a blocked account, structured settlement annuity, or special needs trust — inaccessible until the child turns 18 (or as directed by the court).
A court may appoint a guardian ad litem — an independent attorney or advocate — to represent the child's interests separately from the parents. The guardian ad litem reviews the settlement and reports to the court on whether it is in the child's best interest.
Court approval requirements, the appointment of a guardian ad litem, and the need to fully understand the long-term impact of the child's injuries all add time to the process. Minor cases often take 6–18 months longer than adult cases.
In most states, the statute of limitations for a minor's personal injury claim is tolled (paused) until the child turns 18. The clock then starts running from their 18th birthday. However, acting sooner preserves evidence and strengthens the case.
Parents may have their own separate claims for medical expenses paid on the child's behalf, loss of the child's services, and their own emotional distress. These claims are distinct from the child's claim and have different rules.
Your attorney investigates the accident, gathers evidence, and negotiates with the insurance company on behalf of your child. This process is the same as an adult case.
Once a settlement amount is agreed upon, the process diverges from adult cases. The settlement cannot be finalized without court approval.
Your attorney files a petition with the court requesting approval of the minor's settlement. The petition includes details of the accident, injuries, treatment, and the proposed settlement amount.
The court may appoint a guardian ad litem to independently review the settlement and report to the court on whether it is in the child's best interest.
A judge reviews the settlement, considers the guardian ad litem's report, and either approves or rejects the settlement. If approved, the court issues an order directing how the funds are to be held.
Settlement funds are placed in a court-ordered blocked account, structured settlement, or trust. The funds are typically inaccessible until the child turns 18, unless the court orders otherwise for medical needs.
As a parent of an injured child, you may have separate legal claims that are entirely independent of your child's claim:
Medical Expenses
You can recover all medical expenses you paid or are obligated to pay on your child's behalf.
Loss of Services
You may recover for the loss of your child's services and companionship during their recovery.
Emotional Distress
Some states allow parents who witnessed the accident to recover for their own emotional distress.
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