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.

Additionally, certain laws, such as statutes of limitations, may be modified when a minor is involved. In many jurisdictions, the clock on the statute of limitations for filing a personal injury claim does not begin until the minor reaches the age of majority, often 18 years old. This provides minors more time to pursue legal action once they are legally able to do so.

When damages are awarded in cases involving minors, the amount may be adjusted to account for the child’s future medical needs and potential long-term effects of the injury, considering the child’s age and expected growth. Courts will typically aim to ensure that the minor receives compensation that will address both immediate and future needs.

Given the complexities of such cases, minors and their families often require skilled legal representation to navigate the process and secure fair compensation for injuries sustained.