Can Children Sue and Be Sued For Personal Injury?

Personal injury cases typically start over an accident or other incident involving adults. But what if a child is injured, or ends up causing an injury? Can a child (or a "minor" in the language of the law) file a personal injury case? And on the other side of the coin, can a child be sued for personal injury if they cause an accident?

The Law Treats Children (Minors) Differently From Adults

From crime and punishment to trusts and property ownership, there are different rules for children in almost every area of the law, and personal injury law is no exception.

On one hand, the law recognizes that when children suffer harm caused by someone else's negligence, they're not old enough to enforce their legal rights. In most states, being a minor is actually considered being under a "legal disability" in the eyes of the law. So there are special procedures and lawsuit-filing deadlines for personal injury cases involving minors.

And on the other hand, when it comes to holding a child responsible for an accident or other harm, the law assumes that children don't have the same well-formed judgment as adults do. But minors (and/or their parents or guardians) can still be held financially liable when their actions harm others.

Can Children Sue For Personal Injury?

Accidents happen, as any parent will tell you. But certain injuries to children can result in a personal injury claim when someone else's carelessness plays a part. A school may be liability for injuries to children, for example.

Although the procedure for getting compensation for a minor varies somewhat from state to state, in general a child can get compensation for the same spectrum of losses ("damages" in the language of the law) an adult can get. That includes payment for:

• medical bills
• lost income
• mental and physical pain and suffering
• emotional distress, and
• disability.

A Child's Injury Settlement Might Need Court Approval

Obviously, a child can't negotiate settlement of a personal injury claim, so a parent is permitted to negotiate on behalf of the child (or the parent can hire an attorney to do so). In many states, the parent must get the approval of a judge before the child's claim can be settled. This process is usually short and straightforward, and involves nothing more than filling out a simple form and filing it with the court for approval.

When you settle with an insurance company on behalf of a child, the insurance adjuster can provide you with the proper form and give you instructions on where to file it. It is in the insurer's interest as well as yours to see that the settlement is properly approved so that a lawyer for the child doesn't go to court months or years later and claim that the child is entitled to more money. The form will also be available from the court clerk's office.

Minors Usually Get More Time to File Personal Injury Lawsuits

Every state has laws called statutes of limitations, which set a time limit on the right to file a lawsuit. Most states have a specific statute of limitations for personal injury cases, and in every state, there are special deadline rules when the injured person was a minor. Typically, the "clock" doesn't start running until the injured person turns 18.

For example, in California the statute of limitations for personal injury lawsuits gives an injured person two years to get their case filed in court. But if the injured person was under 18 at the time of the underlying accident, they'll have the full two years to get their lawsuit filed once they turn 18. So, if a minor was injured in a car accident when they were 15 years old, their right to file a lawsuit over the accident doesn't expire until their 20th birthday under California law.

Can a Child Be Sued For Personal Injury?

Legal liability for accidents caused by minors is based on the same notion of care and carelessness as accidents caused by adults. But the same standards of care that are expected of an adult can't be applied to minors. Carefulness implies an understanding of risks, and minors—particularly young children—don't understand risks the way adults do.

The law applies different standards to different age groups when deciding whether a minor is liable for causing injuries to another person. Very young children (seven years old or under) are generally not held liable for accidental injuries they cause; they are too young to understand that they have been careless. This doesn't mean, however, that parents or legal guardians might not be liable for their negligence in failing to control or supervise a child. (More on this below.)

Once a child is old enough to know right from wrong, they can be held responsible for intentional injuries they cause. So, if one child intentionally injures another child, for example, or purposefully throws a rock at a car and causes an accident, the child who commits the intentional act, and the child's parents, may be held liable.

Older children are generally held liable for negligent conduct if they don't behave carefully as measured by what other children of the same age would understand is reasonably careful. And once children become middle teenagers, they are held to pretty much the same standard as adults. When driving a car, a minor is held to exactly the same standards as adults.

Does Insurance Cover a Child?

Children don't normally have much money of their own, but if a minor can be held legally responsible for an accident, there are several ways for a person injured by the minor to collect compensation.

First, the actions of minors are very often covered by insurance. If a minor is driving a car, either the minor's own automobile insurance or the insurance of the car owner (parent or employer) should cover the accident.

If the accident does not involve a vehicle, a homeowner's insurance or renter's insurance policy may cover the conduct of a minor who lives in the home, so the injured person may be able to deal directly with the parent's insurance company.

If you are seriously injured in an accident caused by a minor and there is no insurance covering the minor's conduct, it may be worth pursuing a personal injury lawsuit against the minor. If you obtain a legal judgment from a court stating how much the minor owes, the minor will have to pay it upon coming of age—18 years old in most states—and starting to earn money. Because this process can be long and cumbersome and is usually worth pursuing only in cases of serious injury, however, it probably requires the assistance of an attorney.

Can Parents Be Liable When Their Child Causes an Accident?

Every state has some version of a "parental responsibility" law, which holds parents liable for certain acts committed by their minor children. Some of these laws are very limited, while others apply fairly broadly. Get details on the parental responsibility laws in your state (from Nolo.com).

Parents' Liability for Minors' Car Accidents

Usually, a minor who is driving a car will be covered by either their own car insurance or a parent's insurance policy. If the minor is named on a parent's insurance policy, or if the car the minor is driving is owned by a parent, the parent is liable, which means you can collect from the parent's car insurance company.

If the minor is the registered owner of the vehicle but has no insurance, most states make the parent responsible for damages—usually limited to between $5,000 and $25,000—caused in an accident when the minor is at fault. So, if you are involved in a car accident with a minor who has little or no insurance coverage, you may be able to file a claim against a parent and collect from one or both policies up to the limit of your damages.

More Information and Legal Help

For more tips on injury claims, and everything you'll need to navigate your case, get the book How to Win Your Personal Injury Claim by Joseph L. Matthews (Nolo). And you may want to consider talking with a personal injury attorney to make sure all your legal bases are covered and your rights are protected.