Do personal injury claims involving minors follow different rules?
Yes. Personal injury claims involving minors (children under 18) are subject to several special legal rules designed to protect the child's interests. First, the statute of limitations is often tolled (paused) until the minor reaches the age of majority — meaning a child generally has until a set period after their 18th birthday to file, although claims for the parents' own losses (such as the cost of the child's medical care) may be governed by the standard deadline. Second, a minor cannot legally settle their own claim; a parent or court-appointed guardian must act on the child's behalf, and many states require court approval of any settlement involving a minor to ensure the amount is fair and properly protected. Third, settlement funds for a minor are frequently placed in a restricted account, blocked trust, or structured settlement annuity that the child cannot access until reaching adulthood. Fourth, courts scrutinize attorney fees in minor settlements more closely. Because of these protections and procedural requirements, claims involving injured children should always be handled by an attorney experienced in minor settlements and the required court approval process.
For informational purposes only. Not legal advice. Consult a licensed attorney.