How to File a Personal Injury Claim for a Child

When a child is injured due to someone else’s negligence, parents often wonder how to file a personal injury claim for a child and what legal options are available to protect their child’s rights. Pursuing a personal injury claim involving a minor requires following special legal safeguards to ensure the child receives fair compensation for their injuries and long-term care needs.

Because minors cannot legally file lawsuits on their own, the process involves additional steps, including court approval of settlements and representation by a legal guardian, to make sure the child’s best interests come first.

Our legal system recognizes that an injured child may need years of medical care, emotional support, and rehabilitation. Whether the child was injured in a car accident, at school, due to medical malpractice, or from a dog bite, it’s crucial to act promptly, gather evidence, and seek experienced legal counsel familiar with child injury claims.

What Is the Process of Filing a Child Injury Claim?

Pursuing a personal injury claim involving a child follows a structured legal process designed to protect the child’s well-being and ensure proper compensation. Because minors lack legal capacity to file lawsuits themselves, a parent or legal guardian must act on the child’s behalf under the supervision of the court.

Here’s how a typical personal injury case for an injured minor progresses:

Free Consultation With a Personal Injury Lawyer

The first step is to contact experienced personal injury lawyers for a free consultation. During this meeting, the attorney reviews how the injury occurred, the child’s medical treatment, and who may be held responsible. The lawyer also explains the legal process, your legal standing, the potential value of the injury claim, and any deadlines under the statute of limitations.

Because child injury cases often involve complex laws and special considerations, having qualified legal counsel ensures the child’s rights are fully protected. Most attorneys, including our firm, work on a contingency fee basis, meaning there are no upfront costs for new clients, and you only pay if we recover compensation.

Investigation and Evidence Gathering

Once representation begins, the legal team investigates the claim. This includes collecting medical records, accident reports, photographs, and witness statements. In cases involving medical malpractice, birth injuries, or defective products, attorneys may consult medical experts or engineers to determine how the child was injured and who the responsible party is.

Establishing liability requires showing that negligence directly caused the child’s injuries or accident. Detailed documentation of medical treatment, emergency room visits, and ongoing medical expenses helps demonstrate the impact on the child’s health.

Filing the Personal Injury Claim

After evidence is gathered, your attorney will file a personal injury claim or lawsuit in the appropriate court. Because the injured party is a minor, the claim is legally filed by a parent, guardian ad litem, or legal guardian. This step initiates formal proceedings against the insurance company or responsible party.

The claim outlines the facts of the accident, the extent of the child’s medical expenses, and the compensation sought for pain, emotional distress, and future lost income. The attorney ensures that all legal deadlines are met and that the child’s claim complies with court procedures and personal injury law.

Negotiation or Trial

Most child injury cases are resolved through negotiation with the insurance company before going to trial. The attorney presents evidence of the injured child’s physical and emotional harm, supported by medical experts and financial documentation.

If the insurer refuses to offer fair compensation, the case proceeds to trial, where the legal team presents evidence before a judge or jury. The goal is to obtain the full amount needed for ongoing care, therapy, and any long-term disabilities resulting from the accident or injury.

When Can a Claim Be Filed on Behalf of an Injured Child?

Children rely on adults and institutions to protect them, but when that trust is broken and a child is harmed, the law allows parents or guardians to file a claim on behalf of the injured child.

These claims help ensure that the child gets proper medical attention, therapy, and financial support for the lasting effects of their injuries. In many cases, pursuing a personal injury civil lawsuit also helps families uncover the truth and hold negligent parties accountable.

Below are some of the most common situations where a legal claim can be filed for a child’s injury or trauma:

Birth Injuries and Medical Malpractice

When a doctor, nurse, or hospital fails to uphold accepted standards of medical care and a newborn suffers harm as a result, the family may have grounds to file a medical malpractice claim. Common examples include oxygen deprivation, delayed C-section, or improper use of delivery tools. Compensation can help cover ongoing care, therapy, and developmental support.

Car Accidents

If a child sustains a broken bone or other injuries in a car crash caused by a negligent driver, a claim can be filed to recover damages for medical bills, emotional distress, and long-term care. Even as a passenger, pedestrian, or bicyclist, a child’s injuries deserve the same level of legal protection as any adult victim.

Daycare and School Injuries

Daycare centers and schools have a duty to provide a safe environment. When injuries occur because of poor supervision, unsafe facilities, or staff misconduct, the institution may be liable. Legal action helps hold institutions accountable and prevent future harm to other children.

Defective Toys and Products

Manufacturers and retailers can be held responsible if defective toys, cribs, car seats, or playground equipment cause injury. These product liability cases ensure that dangerous items are removed from the market and that families receive support for their child’s recovery.

Dog Bites and Animal Attacks

Children are often the most frequent victims of dog bites and animal attacks. Under strict liability laws in many states, owners are responsible for injuries their animals cause, even if the dog has no history of aggression. Compensation can cover medical expenses, scarring, emotional distress, and reconstructive treatment.

Other Premises Liability Injuries

If a child is hurt due to unsafe property conditions, such as unsecured pools, broken fences, or hazardous playgrounds, property owners may be held legally responsible. These premises liability claims often focus on proving that the danger was known and preventable.

Sexual Abuse

When a child is sexually abused by a teacher, coach, clergy member, or caregiver, both the abuser and the enabling institution can face civil liability. Filing a sexual abuse lawsuit allows survivors and their families to seek justice, hold wrongdoers accountable, and obtain funds for therapy and long-term healing.

These claims can also expose systemic negligence, protecting other children from suffering similar harm.

Who Can File a Claim on Behalf of a Child?

Because minors cannot legally act on their own, the law allows certain adults to file a claim on behalf of an injured child. This ensures that the child’s rights are protected and that any compensation secured through a lawsuit directly supports their recovery and well-being.

In most child injury or childhood abuse cases, the following individuals may have the right to file a claim:

• Parents or legal guardians: They are typically the primary representatives in a child’s personal injury or childhood trauma case.
• Court-appointed guardians or conservators: When a parent cannot serve or there are conflicts of interest, the court may appoint a neutral party to act in the child’s best interests.
• Next of kin or trusted relatives: In some cases, such as when parents are unavailable or deceased, other close family members may be permitted to file with court approval.

The legal process aims to protect the child’s long-term interests. Settlements or awards are usually placed in a protected account or trust, accessible only when the child reaches adulthood or as approved by the court for necessary care or treatment.

At our firm, we help the child’s parents understand who has the legal right to act and ensure that the personal injury lawsuit is filed properly and within the statute of limitations.

What Damages Can Be Recovered in Child Injury Cases?

When a child suffers harm due to someone else’s negligence or misconduct, the impact extends far beyond the initial injury. The law allows families to seek compensation that supports the child’s recovery and future well-being.

Common types of damages recoverable in child injury cases include:

Medical Expenses

Families may recover the cost of all medical treatment related to the injury, including hospital bills, surgeries, therapy, medication, and long-term care. In addition for immediate medical attention expenses, future medical needs, such as rehabilitation or counseling, can also be included in the claim.

Emotional Trauma

Childhood trauma often leaves emotional scars beyond physical pain that can affect a child’s confidence, relationships, and development. Compensation for mental anguish and emotional distress can help cover therapy, psychiatric care, and the lifelong support many survivors need to heal.

Disfigurement or Disability

If the injury results in permanent scarring, loss of function, or disability, the law allows recovery for both physical and emotional suffering. These damages recognize how a permanent change in appearance or ability can shape a child’s quality of life.

Future Lost Income

When a child’s injury is severe enough to affect their ability to work or pursue a career later in life, compensation may include future earning capacity. Our firm works with economists and vocational experts to estimate how the trauma may limit future opportunities.

Punitive Damages

In cases involving gross negligence, abuse, or willful misconduct, the court may award punitive damages. These are designed to punish the wrongdoer and to deter others, including institutions, from ignoring the safety of children in their care.

Book a Free Case Review

At Injury Lawyer Team, we stand with survivors of childhood trauma and their families. Our goal is to provide the care, guidance, and legal representation you need to move forward with confidence.

We offer a free, confidential consultation so you can understand your options with no pressure and no upfront costs. Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case.

If your child has suffered abuse or injury, contact us today. We’re here to listen, help you seek justice, and stand by your side every step of the way.