Overview
When a child is injured in an accident, the usual filing deadline often works differently than it would for an adult. Many places allow the clock to pause, a legal concept sometimes called tolling, until the child reaches adulthood, though the specifics vary widely depending on where the injury happened. Because these rules are inconsistent and can be easy to misjudge, it's important not to assume you have unlimited time just because the injured person is a minor.
Frequently Asked Questions
Does the statute of limitations pause for a minor injured in an accident?
In many places, yes, the deadline to file a claim can be paused, or 'tolled,' until the child turns eighteen, giving them time after reaching adulthood to file on their own behalf. However, this isn't universal, and some claims, especially those against government entities, may have separate and much shorter notice deadlines that apply even when a minor is involved.
Can a parent file a claim on behalf of an injured child right away?
Yes, a parent or legal guardian can typically file a claim on the child's behalf well before the child turns eighteen, and in many situations this is the better approach so evidence and witness memories don't fade while waiting.
Are there shorter deadlines if a government entity is involved?
Often, yes. Claims against a government agency, like a school district or city, frequently require a formal notice of claim within a short window, sometimes just months, regardless of the injured person's age. Waiting because the injured party is a minor can risk missing this separate, stricter deadline.
What happens to any settlement money awarded to a minor?
Settlements for minors are usually subject to court oversight to make sure the funds are protected and used for the child's benefit, often through a structured settlement or a blocked account that the child can access at adulthood.
Should we wait until our child is older to pursue a claim?
Generally, it's safer not to wait. Evidence can disappear, witnesses move on or forget details, and some claims carry deadlines that apply regardless of age. Talking to a lawyer early preserves options even if the case isn't filed until later.
Have Questions About Your Injury Case?
Injury Case Pro offers free, no-obligation case reviews. There are no upfront costs and you pay nothing unless we win your case.
Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
