How Personal Injury Cases Involving Minors Work in PA
If your child was hurt, a personal injury lawyer with KBG Injury Law could guide your family through this type of claim. Keep reading to learn more about how personal injury cases involving minors work in Pennsylvania.
How are personal injury cases involving minors different?
If someone else caused an accident that injured you, you would have the right to seek compensation for your medical bills, pain and suffering, and other damages. If someone hurts your minor child, they have the same right to seek financial justice.
However, cases involving minors are different because children cannot legally act on their own until they reach age 18. A guardian must act for them. Because of this, there are some key differences in how personal injury cases involving minor children work. These include:
- Who can file the case
- How long you have to file the case
- How you must handle settlements or verdicts
- The level of court involvement
How do you file a personal injury case involving a child in PA?
The steps for filing a personal injury case involving a minor child in Pennsylvania are basically the same as those involving an adult, but with two important distinctions. First, if the child is under age 18, a guardian must file on their behalf. Second, the time limit for filing is longer in most cases.
Typically, Pennsylvania’s personal injury statute of limitations is two years, with the clock usually starting at the time of injury. In cases involving minors, the child’s representative can file for them at any time before the child reaches age 18. Once the child turns 18, they have two years from their birthday to file on their own as an adult.
Claims for parents’ medical expenses are generally still subject to the ordinary two-year limit.
How are settlements awarded to minors?
Pennsylvania Rule of Civil Procedure 2039 outlines how Pennsylvania handles settlements or verdicts awarded to minor personal injury victims.
Under the law, when a child receives a settlement or a judgment is entered in their favor, the funds are subject to court-approved protections. If the minor has no guardian of the estate and none will be appointed, the court may order up to $25,000 to go to the child’s parent or guardian for the benefit of the minor. Otherwise, the balance is paid to a guardian of the estate, or, if none exists and none will be appointed, the court may order the money placed in one of the following:
- A savings account in the minor’s name
- A structured settlement, with payments made during minority paid into a restricted account in the minor’s name
- A trust fund managed for the benefit of the minor by a corporate fiduciary independent of the minor or anyone acting on their behalf
Withdrawals from restricted accounts generally cannot be made until the minor turns 18 unless otherwise authorized by the court; trust distributions are governed by the court-approved trust terms.
Child injury settlements require court approval
Rule 2039 also states that no one acting on behalf of a minor child can accept a settlement or terminate a lawsuit without approval from the court. In cases involving adults, you do not need this approval.
Furthermore, the court has the right to approve or disapprove of the type of account the fund goes into (savings, structured settlement, or trust).
Other unique aspects of childhood injury cases
The legal workings of childhood personal injury cases are important, but they are not the only unique aspects of these types of cases. You should also consider that:
Injuries affect children’s bodies differently
Accidents and injuries can affect children’s bodies differently than they do adults’ bodies. For example, head injuries are serious, no matter the age of the victim, but can be especially dangerous for children, whose brains are still developing. The same is true for injuries involving broken bones. In accidents, such as car collisions, children may be more vulnerable because their bodies are smaller.
Personal injury cases involving minors should account for potential differences in injury severity. You may need to hire medical professionals and other experts who can provide opinions and testimony. An attorney can help you with this.
Childhood injuries can have lifelong implications
Severe and catastrophic childhood injuries can have lifelong consequences. You need to ensure that any settlement you accept accounts for your child’s ongoing care needs. This may include things like special education services and assistance with activities of daily living (ADLs). Again, working with experts, like life care planners, can help you do this.
Frequently asked questions about injury cases involving minors
We understand that issues involving your child are emotional, and you probably still have many questions about personal injury cases involving minor children in PA. You can find some answers below.
What are the most common childhood injuries?
According to the Centers for Disease Control and Prevention (CDC), some of the most common causes of injury in children and adolescents include motor vehicle accidents, falls, fires/burns, and drownings. Children are also at risk for bicycle accident-related injuries and injuries caused by sports.
How much is the average personal injury settlement for a minor?
There is no “average” personal injury settlement. Not in cases involving minors. Not in cases involving adults. This is because all claims are different. Things that could affect how much a minor child’s case may be worth include:
- Injury severity
- The cost of current and expected medical treatments/care
- The effect your child’s injury may have on their future ability to earn a living
- Other lifelong effects of your child’s injury
Do children have to testify in court?
Suing for a personal injury on your child’s behalf does not automatically mean they will have to testify in court. But they might be required to testify depending on the circumstances of the case.
Contact KBG Injury Law for help from a child injury attorney
KBG Injury Law has represented clients in PA for more than 40 years. We believe that personal injury law requires a personal touch, and there is no truer instance of this than when a case involves a child. We do not just work for our clients; we work with them. When you choose a personal injury attorney from our firm, you get a team that will support your family every step of the way, always with your child’s best interests at heart.
To learn more, contact us today for a free consultation. We have offices in York, Lancaster, Harrisburg, Gettysburg, and Hanover.
Brian P. Strong has been a member of KBG since 2002 and since that time has focused exclusively on cases involving personal injury and wrongful death. Learn more about Brian.