Can a Minor File a Lawsuit?

For the most part, children have the same rights as adults in the United States. However, their age does come with some restrictions under state and federal laws. One of these legal limits is related to the field of personal injury law. If harmed due to someone else’s negligence, abuse, or misconduct, can a minor file a lawsuit?

Adults have the right to pursue compensation against at-fault parties to cover legal damages, but the rules are slightly different for children under 18.

In general, minors do not have the legal capacity to proceed with the litigation process on their own. They will need someone else to file the claim on their behalf, such as a parent or personal injury attorney.

At Injury Lawyer Team, we support underage victims who are suffering under the weight of legal damages as they pursue justice through the claims process. We will stand by your side and help you understand the relevant state and federal laws.

Who Can File Lawsuits on Behalf of Minors?

Generally, if a child intends to sue someone else to recover medical expenses or non-economic losses, the personal injury lawsuit must be filed by their parent. Since the parent is a legal adult, they are allowed to bring a claim against the at-fault party, whether that person is a motorist, school teacher, coach, business owner, or employee.

What if the Minor’s Parents Cannot Represent Them?

If there is no parent available to represent the minor child, or if the parents are unable to file a lawsuit, the court may appoint a neutral party to manage the legal process. This could include a legal guardian (such as a caretaking aunt, grandparent, or other adult) or a “next friend.”

A next friend is a person who acts on behalf of another who does not have the capacity to bring a lawsuit due to age or disability. The next friend will look out for the victim’s interests while initiating the personal injury claims process. Courts require this system because it allows minor victims to still seek compensation without being exposed to the legal system.

Depending on the state you live in, the next friend could be someone who volunteers for the role or is appointed by the court. Another term for next friend is guardian ad litem.

What Is the Legal Capacity of a Guardian Ad Litem?

A legal guardian ad litem has several responsibilities when filing a lawsuit on a child’s behalf. First, they must make legal decisions in the best interest of the minor. Therefore, this person cannot have a conflict of interest with the victim.

Second, the guardian ad litem will work with attorneys to prepare the case. This helps insulate the underage victim from the process while still keeping them connected to the claim when building a case, as the next friend can act as a go-between.

Lastly, this responsible adult will accept or reject settlement offers upon court approval. This is a key step in the process, as it will determine how much money the victim will receive when the personal injury claim is resolved. Often, the compensation awarded in settlements for minors is placed into trusts or funds that become available when they turn 18.

How Long Do Minors Have to Use Their Legal Right to Sue?

In the majority of states, the statute of limitations for personal injuries is paused until the minor turns 18 years old. At that point, the countdown for the deadline to file will begin.

For example, perhaps you were injured in a bicycle accident by a motorist and you are 16 years old. In Illinois, the statute of limitations for adults is two years from the date of the incident or discovery of injuries. However, this statute will be paused until you turn 18, which means you essentially have until your 20th birthday to file a lawsuit yourself for that incident.

Some states have much longer time limits, and our attorneys can help you understand the specific laws that apply to your case. Additionally, some exceptions could delay the statute of limitations further. For example, in a sexual abuse lawsuit, the victim may have repressed memories of the incident, so the deadline for filing will be extended.

The Legal Proceedings Explained

Upholding a minor’s rights is an important principle at Injury Lawyer Team. We believe in your case and will fight for every dollar you deserve, whether you were injured during a car accident, slip and fall, premises liability scenario, or medical procedure.

Let’s look at how the legal process may play out in a typical personal injury claim.

Initial Consultation With an Attorney

At our firm, we offer a complimentary consultation to give victims the chance to learn more about filing a lawsuit. During this conversation, you can ask questions about various damages, legal rights, the proper age for filing, settlement potential, and the type of accident you were injured in.

Our attorneys will answer your questions with no obligation to sign a contract. The purpose of this call is to guide you through your legal options and help you understand the situation you are in. We have had many conversations with parents or guardians of minors to help them understand their claim options.

Evidence Gathering and Investigation

Next, a thorough investigation of the incident will be initiated. We will gather evidence from the scene, speak to witnesses, obtain surveillance footage, collect medical records, and consult subject matter experts to build a strong case.

This will also involve assessing your legal damages, such as lost income, medical expenses, emotional distress, pain and suffering, and loss of enjoyment of life.

Filing the Personal Injury Lawsuit

After collecting the evidence, we will file the lawsuit legally in the relevant civil court. For many victims, this will probably be done through a circuit court. The litigation process can be complex, but our experienced lawyers can handle this burden while you focus on recovery.

Negotiating Fair Compensation or Trial

One of the primary obstacles to a successful personal injury claim is a stubborn defendant or insurance company. These parties want to avoid a large settlement, so they will employ whatever defenses and negotiation tactics they can to minimize your claim.

Fortunately, with our legal experts on your side, we can overcome these tactics to fight for a fair payout. Our goal is to ensure all your losses, both economic and non-economic, are covered by the final settlement value. Although this money cannot heal the physical and emotional wounds you have suffered, it can secure your future while holding the liable party accountable.

Book a Free Consultation and Secure Expert Legal Representation

At Injury Lawyer Team, we know what it takes to ensure a minor’s rights are fully protected during the claims process. We also know how to obtain specialized knowledge from medical experts and other parties to strengthen your claim. Our attorneys work on a contingency fee basis, so you owe nothing unless we win.