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Can A Minor File a Personal Injury Claim?

Just like adults, children sometimes fall victim to the careless, reckless, or wrongful actions of others.  As a result, they may be seriously injured.  But can a minor file a personal injury claim?

Because children are still growing, a serious injury can have an impact on their lives and lead to even more issues beyond the time of the injury.  Later in life, ailments such as scarring, permanent disability, disfigurement, or behavioral problems can affect those who were injured as minors. Some of the most common causes of child injuries include:

Anyone under the age of 18 does not have legal standing in to file suit by himself or herself.   Children under 18 are not allowed to sign contracts, therefore they cannot accept a settlement for a personal injury claim. So, what happens when a child suffers a significant injury due to someone else’s actions?

Children who have been injured are typically too young to know what a reasonable settlement is or what the legal process even entails. The parents or guardians who are responsible for the care may want to file a personal injury lawsuit on behalf of that child.

In Missouri and Kansas, the law allows a parent to file a personal injury case on behalf of their child by acting as the child’s “Next Friend”.  The “Next Friend” represents the child’s best interests and may sign on behalf of the child.

Missouri sets time limits, or statutes of limitations, for lawsuits, including personal injury claims. Missouri has a five-year statute of limitations compared to most states which limit the time to two years.

The Kansas City Law Firm of McShane & Brady is a leader representing those who have been injured due to the negligence of others.  As “Champions for the Injured”, we help those injured get the compensation they deserve.

Call our office at 816-888-8010 to speak with our personal injury attorneys and to set up a 100% free consultation.

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