When a child gets hurt, whether in a car accident, on someone else’s property, or due to negligence, the emotional weight is heavy. As parents, you’re focused on ensuring your child is physically and emotionally well. But once the dust settles, legal questions often follow. Can you file a personal injury claim on behalf of your child? How is compensation handled? What’s different about these cases compared to adult claims?

At Leffew Law Firm, we understand how overwhelming this situation can be. In this blog, we’ll explore what you need to know if your child has been injured and you’re considering legal action.

Minors Can’t File Claims Themselves—But You Can

In the eyes of the law, minors (those under 18 in most states) are generally unable to file personal injury lawsuits on their own. That responsibility falls to a parent or legal guardian, who can act on the child’s behalf. This is often referred to as a “next friend” claim. As a parent, you have the legal right to pursue compensation for both your child’s injuries and your family’s related expenses.

This might include medical bills, therapy, long-term care, or even loss of enjoyment of life, depending on the severity of the injury.

Two Parts to a Minor’s Injury Claim

When a child is hurt, there are typically two distinct parts to the claim:

  • The child’s damages: This includes things like pain and suffering, emotional trauma, disfigurement, or long-term medical needs. Any money awarded here belongs to the child.
  • The parent’s damages: This usually involves expenses the parent has covered, like medical expenses, travel for treatment, or therapy costs. These belong to you as the parent or guardian.

It’s essential to distinguish between these damages accurately, particularly if a settlement is reached, as different rules govern the handling of that money.

Court Approval Is Often Required

Even if a case is settled out of court, many states, including South Carolina, require court approval for any settlement involving a minor. This is to protect the child’s best interests and ensure the amount offered is fair.

The court may ask for documentation such as:

  • Medical records
  • A breakdown of damages
  • Details on how the money will be managed or held until the child reaches adulthood

This isn’t meant to complicate the process—it’s designed to protect your child from being shortchanged or misrepresented.

What Happens to the Settlement Money?

Courts typically require assurance that any compensation intended for the child is properly safeguarded. That could mean:

  • Placing funds in a court-approved trust or annuity until the child turns 18
  • Using the funds for approved medical or educational expenses with court oversight
  • Appointing a conservator to manage the money on the child’s behalf

This ensures that the settlement truly benefits the child, not just in the short term, but also in the long term.

Special Considerations in These Cases

Personal injury claims involving minors come with a few unique challenges:

  • Proving long-term impact: Children are still growing, so the full extent of an injury may not be immediately apparent. This can affect how future medical care or therapy is calculated.
  • Emotional and developmental trauma: Injuries can affect a child’s schooling, behavior, and mental health. These non-physical effects are valid parts of a claim but must be carefully documented.
  • Time limits differ: While personal injury claims often have a strict statute of limitations, many states allow that time to be extended in cases involving minors. That said, the longer you wait, the more difficult it becomes to gather evidence, so acting sooner is almost always preferable.

How a Personal Injury Attorney Can Help

You don’t need to navigate this process alone. A qualified personal injury attorney will:

  • Help evaluate the full scope of your child’s damages
  • Deal with insurance companies on your behalf
  • Handle court filings, hearings, and any approval processes
  • Advocate for a settlement (or trial result) that ensures fair compensation and protects your child’s future

At Leffew Legal, we’ve helped families through these challenging situations with compassion and clarity. We’re not just focused on the legal side—we understand the emotional toll, too.

When in Doubt, Trust a Charleston Personal Injury Lawyer at Leffew Law Firm

If your child has been injured because of someone else’s negligence, taking legal action may be the best way to ensure they receive the support they need, both now and later. A personal injury claim can’t erase what happened, but it can help you access the care and resources your child deserves.

If you have questions about whether you have a personal injury case or what the next steps look like, our experienced personal injury attorney team is here to help. Reach out today.