When a child is injured due to someone else’s negligence whether in a car accident, at school, or on someone else’s property the legal process of seeking compensation is far from straightforward. Unlike adult personal injury cases, child injury settlements come with extra layers of legal protection, court oversight, and unique procedural requirements. Understanding these differences is essential for any parent or guardian pursuing justice for their child.
In this article, we’ll explore how child injury settlements differ from adult claims, why courts are involved in the settlement process, and what you need to know to protect your child’s legal rights.
Why Child Injury Cases Are Handled Differently
Because minors (usually below the age of 18) are legally regarded as not being able to make binding decisions in their own behalf, any agreements involving them are not legally binding on them (regarding finances and the law). Owing to this fact, any injury claim that involves a child should be handled properly so that the child is put in the best interest.
Children in comparison with adults cannot deal directly with insurance companies or resolve lawsuits without having a legal representative (who should be mostly a parent or a court-appointed guardian). In addition to this, courts are also very instrumental in approving any settlement that may have been proposed without the case being heard in court.
The Role of a Guardian or “Next Friend”
In case of injury to a minor, a parent or legal guardian takes the action of filing a lawsuit or settling on behalf of the child. According to the law, such a figure is known as a next friend. This individual should not act in his or her own self and best interest of the child.
When there is a conflict of interest (a parent, as well, might be partially responsible in the condition of the accident), the judge might hire an independent guardian ad litem.The former will help the child to get a fair settlement that meets the needs of the child both in short- and in long-term.
Court Approval Is Required for Child Settlements
One of the most significant differences between adult and child injury settlements is that a judge must review and approve the terms of any settlement involving a minor.
- This court review is not just a formality. Judges evaluate:
- Whether the compensation is appropriate for the child’s injuries
- How the money will be managed or protected until the child turns 18
- Whether the attorney fees and legal costs are reasonable
- If the overall settlement truly serves the child’s best interest
This safeguard exists to prevent exploitation, lowball offers from insurance companies, or misuse of funds by guardians.
Structured Settlements and Trust Accounts
In adult injury cases, a lump sum payment is often issued to cover damages, medical bills, and pain and suffering. But for children, a large portion of the settlement is frequently placed into a structured annuity or special trust account. This ensures the money is preserved and only accessed when the child becomes a legal adult or sooner, if specifically permitted by the court.
These arrangements are designed to:
- Prevent irresponsible spending by guardians or others
- Provide financial security for the child’s future needs
- Manage long-term care costs for severe or permanent injuries
In some cases, courts may allow partial access to funds before the child turns 18, such as for medical expenses or education, but strict accounting is usually required.
How Damages Are Calculated Differently for Children
In adult cases, damages may include loss of income or diminished earning capacity factors that are more speculative when it comes to children. For minors, damages often include:
- Current and future medical expenses
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Potential future earning capacity (if the injury causes a disability)
Because of the uncertainty in projecting a child’s future, legal teams often bring in medical experts, life-care planners, or economists to help estimate the long-term impact of the injury. This is another reason child injury cases can be more complex and require court supervision.
The Statute of Limitations Is Extended for Minors
Another key difference between adult and child injury claims involves the statute of limitations—the legal deadline for filing a lawsuit. While adults often have two to four years from the date of injury to file, children are usually granted extra time.
In many states, the clock doesn’t start ticking until the child turns 18, giving them the opportunity to file a lawsuit themselves once they reach adulthood. However, it’s almost always in the child’s best interest to file the claim sooner through a guardian, especially when dealing with evidence preservation and witness testimony.
Why You Should Hire a Child Injury Lawyer
Given the legal complexities and heightened protections around child injury cases, working with an experienced child injury lawyer is essential. A knowledgeable attorney can:
- Ensure all procedural steps are followed
- Represent the child’s best interests during negotiations
- Obtain court approval for settlements
- Structure financial arrangements to safeguard the child’s future
Attempting to settle without legal help may result in undervaluing the claim, accepting unfair terms, or violating court requirements.
Read this article: Pfas Settlement With the Help of Legal Claim Assistant
Final Thoughts
When your child is injured, your primary concern is their health and recovery. But understanding how the legal system handles child injury settlements can make a huge difference in securing the compensation and care your child deserves now and in the future.
From court approval to structured payments and extended filing deadlines, these unique processes are designed to protect your child. By working with a qualified child injury attorney, you ensure their rights are fully upheld and their future safeguarded.
