There aren’t many things in the world that are more stressful than dealing with the repercussions, both legal and medical, of suffering a personal injury that was ultimately caused by someone else. This issue can become a great deal more complicated when the person who suffered the injury is a minor.
Minors in the US enjoy many special legal protections to ensure their well-being and happiness, but they also lack the full autonomy that adults have when it comes to handling their own lives. This article will explore the process of making a legal claim on behalf of a minor who has suffered an injury caused by someone else. What protections do they have, and what limitations does their age impose on their ability to seek legal compensation after an accident?
When Should You Seek Legal Action For an Injury?
First, it’s essential to establish that, just like adults, a person can only take legal action and seek compensation in certain situations or accidents. Below is some vital information to keep in mind when considering whether or not to pursue legal action following an accident or injury.
Proving Liability
Just as with adults, to sue for damages or compensation, you must prove that another person is liable for the injury that happened. This typically means proving that the defendant owed the injured party a duty of care.
Duty of care refers to “The responsibility of a person or organization to take all reasonable measures necessary to prevent activities that could result in harm to other individuals and/or their property.” Demonstrating duty of care involves four steps.
- Proving that the defendant was responsible for the safety of the minor
- The defendant specifically failed in that responsibility
- The minor suffered an injury of some kind
- That the injury directly resulted from the defendant’s failure in their duty of care.
Common Accidents Suffered by Minors
Below are some of the more common situations in which a minor could potentially be injured and where they would likely have a reasonable claim that the injury was directly caused by another person or organization’s negligence, whether it be a private citizen, a business, or even the state itself.
- Falls — According to the CDC, falls are one of the most common sources of injury in the US. Children are naturally much more prone to falling, but sometimes, those falls happen because of poorly maintained or unmonitored hazards.
- Dog Bites — Unlike many other accidents, dog bites almost always involve a liable party that can be sued. The exception is situations where the child is clearly at fault, e.g., wandering onto private property without permission to pet a dog.
- Vehicular Accidents — Determining liability in vehicular accidents will naturally vary from case to case, depending on specific details.
Statute of Limitations for Personal Injury Claims for Minors
As with any other case, if you wait too long after the incident, you can lose your opportunity to sue. However, since minors cannot seek legal action on their own terms, they have more time than usual. Generally, the statute of limitations is suspended for children until they reach the age of 18, at which point they have two years to sue for any injuries they sustained as a minor.
Can A Minor Seek Legal Action Themselves?
Because they aren’t legal adults, a minor cannot sue for personal injuries. As we mentioned, an 18-year-old can personally seek legal compensation for injuries sustained while they were a minor. But until that age, a child’s parents or guardians can sue on their behalf, following some rules and restrictions.
How Can Minors Receive Compensation?
If a parent or guardian sues for personal injury on their child’s behalf, any compensation awarded through the courts must be specifically set aside in a bank account under the child’s name. A judge must approve the account, and it is required that none of proceeds awarded to the minor be withdrawn until the child’s 18th birthday. These protections ensure that the injured party will gain full access to their money as soon as they become a legal adult and prevent their parents from spending it.
Finding the Right Representation for Your Child’s Personal Injury Case
For anyone whose child has suffered a preventable injury, it’s only natural that they would want to seek out the best legal team possible. You need to be able to rest assured that justice will be served and that you won’t have to worry about the financial implications of recovering from an accident or injury.
That’s where the expert legal team at Pullano & Siporin comes in. With decades of combined experience and a track record for excellence in pursuing our client’s interests, we’ve earned our place as one of Illinois’s top personal injury law firms.
Contact us today to learn how we can help secure your legal and financial future.