Minors and Personal Injury Law

In personal injury cases involving minors, the law recognizes that children may not fully understand the potential risks they face or the consequences of their actions, making their legal protections crucial. Minors are typically unable to file a lawsuit on their own, so a parent or legal guardian must bring the claim on their behalf. In personal injury cases, whether the injury occurs due to a car accident, slip and fall, medical malpractice, or any other form of negligence, the court will consider the age, maturity, and understanding of the child when determining liability and damages.

In Michigan, the statute of limitations, may be modified when a minor is involved and in many cases the minor can file the claim on their own behalf for 1 year after the minor reaches the age of majority, i.e.18 years old. This is generally true even if the minor was injured when they were very young so that a claim could potentially be filed 15 or more years after the injury.  If you or your child were injured while a minor, be sure to contact an attorney timely so you don’t lose your rights to file a claim.