How Personal Injury Cases Differ for Minors

Personal injury cases are always complex, but when the injured person is a child, there are additional legal considerations involved. The law recognizes that minors require special protections, and as a result, personal injury claims involving children follow a different set of rules and procedures than those involving adults. These rules are designed to protect the child’s rights and ensure that any outcome is in the child’s best interest.

If your child has been hurt in an accident, it’s important to understand how these cases work and what makes them unique. With the support of Gelbstein & Associates, families can pursue fair compensation and secure the resources needed for their child’s long-term recovery.

Why a Minor Cannot File Their Own Claim

Minors do not have legal capacity to bring a lawsuit or file a personal injury claim on their own. In these cases, a parent or legal guardian must act as the child’s representative and file the claim on the child’s behalf. This person may also be appointed as a guardian ad litem, a formal legal designation for someone acting in a minor’s best interest during court proceedings.

The parent or guardian is responsible for working with an attorney, making key decisions during the legal process, and managing communication with the insurance company or opposing parties. While these responsibilities can feel overwhelming, they are essential for protecting the child’s rights.

Common Types of Accidents Involving Minors

Children are especially vulnerable to injury, and they may not always recognize danger or are typically held to a higher standard of care when charged with ensuring children’s safety and well-being.

Personal injury claims involving minors often arise from:

• Car accidents, either as passengers or pedestrians
• Injuries at school, daycare, or camps
• Playground accidents involving unsafe or poorly maintained equipment
• Dog bites or animal attacks
• Slip and fall incidents at stores, parks, or residential properties
• Medical mistakes or misdiagnoses involving pediatric care

In each of these cases, it is important to examine whether a responsible party failed to uphold their duty to protect the child from preventable harm.

How Damages Are Evaluated in Child Injury Claims

Damages in a child injury case can include many of the same categories as an adult claim, such as medical expenses and pain and suffering. However, there are additional considerations when evaluating how an injury will affect a child over time. These may include impacts on physical development, emotional well-being, and the ability to participate in school or recreational activities.

In more serious cases, long-term care, therapy, or educational support may be required. A legal team must consider both the immediate and future needs of the child when calculating a fair settlement. Parents may also be entitled to compensation for related out-of-pocket costs, including transportation, lost wages, or added caregiving responsibilities.

Court Approval Is Required for Settlements

One of the most important differences in minor injury cases is the requirement for court approval before a settlement can be finalized. Even if both parties agree to the settlement terms, the court will review the proposal to ensure that it is fair and that the funds will be used in the child’s best interest.

In many cases, the court may order that part or all of the settlement funds be placed into a restricted account, trust, or structured annuity that the child can access when they reach the age of 18. In some circumstances, early access may be allowed to pay for necessary expenses such as education or specialized care, though this also requires court approval.

Understanding the Statute of Limitations for Minors

Most personal injury cases must be filed within a set period of time, which is known as the statute of limitations. However, when the injured party is a minor, that timeline is often extended. In New York, the statute of limitations for most personal injury cases does not begin until the child turns 18. This gives families more flexibility to monitor the child’s recovery and assess any long-term effects before filing a claim.

Despite the extended deadline, it’s wise to consult an attorney as early as possible. Evidence is more easily preserved, and the legal team can begin building a strong case based on medical records, witness statements, and expert opinions.

Why Legal Representation Is Essential in These Cases

Child injury cases require not only legal experience, but also compassion and long-term thinking. These claims are not just about immediate recovery. They are about protecting a child’s future and ensuring that compensation will meet their evolving needs as they grow.

Insurance companies may attempt to undervalue claims involving minors, offering quick settlements that do not reflect the long-term impact of the injury. A skilled attorney can push back, negotiate from a position of strength, and advocate for a resolution that truly serves the child’s best interests.

Legal Support for Your Family Starts Here

If your child has been injured due to someone else’s negligence, you do not have to face the legal process alone. With trusted legal guidance, you can protect your child’s rights and pursue the compensation they need for a healthy and secure future.

Call Gelbstein & Associates at (855) LAW-2407 today to schedule a free consultation. Our experienced legal team will review your situation, explain your options, and guide you through the next steps.