Filing a Claim for a Minor’s Injuries

Ramie Shalabi | September 19, 2025 | Personal Injury

A million thoughts can rush through an adult’s mind after witnessing or learning that a child in their life sustained injuries. Whether you’re a parent, guardian, or other legal representative, ensuring an injured child is taken care of is of the utmost importance.

While you may know how to proceed in a personal injury case, filing a claim for a minor’s injuries is a bit different. A child doesn’t have the legal capacity or the know-how to file a lawsuit. Fortunately, a parent, guardian, or someone legally appointed to represent a child’s best interests does.

In this post, you’ll learn:

• What sets a child injury case apart from an adult claim
• The key steps for filing a claim for a minor’s injuries
• What damages may be recovered
• Why speaking with a child injury attorney near me makes all the difference

How a Child Injury Lawsuit Differs From One Involving an Adult

Kids don’t have the legal standing to sue, and honestly, most don’t even understand what a lawsuit is. That’s why the law requires an adult to file on their behalf. Sometimes, that adult is a parent. Other times, a judge might appoint a Guardian ad Litem or allow another trusted adult to act as a “next friend.” No matter the setup, the purpose is the same: make sure the child’s interests come first.

Timing is another key difference. An adult usually has about three years from the accident date to bring a claim. With a minor, the rules stretch further. A tumble looks harmless. The child laughs, then runs off. Months pass. Suddenly, memory issues appear. Fatigue follows. Lawmakers in South Carolina recognize this reality. That’s why kids usually have until nineteen, or three years after the injury, whichever grants more time, to take action. It gives families time to connect the dots and get help.

Courts also keep a close eye on settlements in a child injury lawsuit. A judge usually reviews the agreement to confirm that the money will be managed responsibly. It’s not uncommon for funds to be placed in a trust or annuity that releases payments over time, particularly if the amount received is greater than $10,000.00, to ensure the child’s long-term care is covered. Speak with a child injury attorney near me at DSB Law Firm for help understanding this topic.

Filing a Claim for a Minor’s Injuries: Steps to Follow

Step 1: Seek Medical Care and Document Everything

The first step is to receive proper treatment. Keep every record—hospital bills, prescriptions, therapy recommendations. Everything. Also, take photos of the minor’s injuries. These details not only guide care but also build a solid foundation for the claim.

Step 2: Report the Incident

If the injury happened at school, a daycare, or a business, ask for an incident report. If a car crash caused it, make sure the police file one. Reports like these add weight when filing a claim for a minor’s injuries.

Step 3: Hold on to Evidence

Don’t toss damaged toys, torn clothing, or faulty equipment. Those items may be crucial later. Snap pictures of the accident scene if you can, and write down the names of witnesses if any were present while everyone’s memories are fresh.

Step 4: Determine Who Files the Claim

Most of the time, a parent or guardian files. But if there’s no one available—or if there’s a conflict of interest—a Guardian ad Litem or next friend can step in. The law makes sure someone trustworthy is advocating for the child.

Step 5: File the Paperwork

With the help of a child injury attorney near me, the formal complaint gets filed in court if a settlement is not reached. Filing a lawsuit for a minor’s injuries often requires extra documents since the court will later review any settlement.

Step 6: Court Approval and Financial Safeguards

When a settlement is reached, the court usually steps in again. To protect the child, the money may go into a trust, annuity, or conservatorship rather than being handed over in one lump sum. That way, it’s there when the child needs it most—whether that’s medical care, education, or long-term support.

Understanding Damages After Filing a Claim for a Minor’s Injuries

The impact of an injury goes far beyond the emergency room. Damages are generally divided into two groups:

Child’s Damages

These expenses can include paying for medical treatment, follow-up therapy, special education needs, and compensation for pain and suffering. Picture a child who used to love sports but now struggles with mobility—the law recognizes those losses.

Parent’s Damages

These costs may include gas for hospital trips, medical expenses paid on behalf of the child, wages lost from missed workdays, and the emotional toll of watching your child go through pain.

When you’re filing a claim for a minor’s injuries, courts not only look at today’s bills but also at what the child will need years from now. A child injury lawsuit isn’t about a quick payout; it’s about making sure the child’s future is protected.

Courts try to value future needs as well as past bills. So, when you’re filing a claim for a minor’s injuries, think ahead: what therapy might this child need in five years? Ten? Those projections can increase the claims value. That’s why good documentation—doctor statements, school reports, and therapy plans—makes a measurable difference.

How a Child Injury Attorney Near Me Can Help

Searching for a child injury lawyer? Good. You don’t want to manage this alone. A lawyer experienced with children’s claims guides you through the maze: court filings, Guardian ad Litem appointments, settlement petitions, and protecting funds.

Get a Free Consultation with a Skilled Child Injury Lawyer

Filing a claim for a minor’s injuries isn’t just about paperwork. It’s about making sure a young person’s future is safe, healthy, and financially supported. DSB Law Firm will do everything possible to help ensure that happens. Get started with a free case review.