How to Deal With Personal Injury Claims Involving Minors

Dealing with a personal injury claim involving a minor requires special considerations, as minors (those under the age of 18 in the state of Ohio) cannot legally file lawsuits on their own. Regardless of what type of incident caused the injury—motor vehicle accident, slip and fall, dog bites, medical malpractice, defective product usage, etc.—there are several key steps necessary in order to handle such claims effectively:

1. Seek Immediate Medical Attention

Ensure the minor receives immediate, proper medical care. The injuries may not appear serious, but not all injuries manifest right away. Better safe than sorry.

Keep detailed records of all medical treatments and expenses the minor receives. Should you decide to file a claim on the minor’s behalf, medical records can be crucial to prove that claim.

2. Gather Evidence

Document the scene of the incident with photos and video if at all possible. Collect statements from any witnesses present, as they may prove important moving forward. It can also be helpful to write down, in your own words, how the minor was injured.

3. Understand Liability and Insurance Coverage

• Identify the party responsible for the incident: a negligent driver, property owner, product manufacturer, etc.
• Check applicable insurance policies. These could be auto, homeowner’s, business liability, or any other insurance policy relevant to the incident.

4. Legal Representation

It’s extremely important to hire a personal injury attorney with experience in cases involving minors, due to the complexities of such cases. They can guide you through the process from beginning to end, negotiate with insurers, and above all ensure you receive fair compensation for the injured minor.

5. Filing the Claim

In Ohio, a parent or legal guardian must file the claim on behalf of the minor. In this case, the parent or guardian is legally suing as the “next friend” of the minor, and are allowed to stand in for him or her in court. Further, if a settlement is reached in the state of Ohio, that settlement must receive court approval in order to protect the minor’s interests.

6. Court Approval of Settlements

As stated above, the state of Ohio requires court approval for settlements involving minors in order to prevent unfair agreements. A judge, at their discretion, may appoint a guardian ad litem (a neutral party) to review the settlement.

7. Structured Settlements and Trust Accounts

Courts often require the compensation to be placed in a structured settlement or trust until the minor reaches adulthood. This ensures financial security and prevents the possible misuse of funds.

In Ohio, if the settlement amount is less than $10,000, the funds can legally be released to the minor’s parent or guardian. However, for settlements over $25,000, the parent or guardian must be granted approval by the court to properly manage the settlement.

Once approval is secured, the funds must be managed in a way that best benefits the minor.

8. Statute of Limitations

Many states, including Ohio, allow the statute of limitation on filing a personal injury lawsuit to be “tolled” (paused) until the minor reaches the age of 18. Keep in mind, however, that medical bills or parental claims (such as for reimbursement of medical expenses) may have shorter deadlines.

9. Legal Representation

Handling a minor’s personal injury claim requires careful legal and financial planning. Consulting a qualified, experienced attorney with the necessary staff and resources is crucial to protecting the child’s best interests and securing their future.

If a minor to whom you are the guardian or parent of is involved in a personal injury incident, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.