Personal Injury Settlements For Minors

Personal Injury Claims For Minors

Doug Mann

Last updated on August 8th, 2023

It should come as no surprise that the law treats minors — those younger than 18 years old — differently than it treats adults. What you may not know is that those differences include when and how a child’s personal injury claim can be pursued in the Ohio court. Find out more about how a personal injury settlements for minors works.

This post discusses some of the most important aspects of a child personal injury claim:

• How does the statute of limitations apply to a minor’s lawsuit?
• Can a parent file a lawsuit on behalf of a child?
• How can a minor collect the money if they win the lawsuit?

What Is a Minor?

According to Chapter 4109 of the Ohio Revised Code, a minor is an individual who has not yet reached the age of 18. Minors are under the guardianship or parental care, making their parents or guardians responsible for their actions and well-being. As minors, they are exempt from certain adult responsibilities.

Minors are emancipated from parental control upon reaching the age of 18 or graduating from school if they turn 18 earlier while still attending school. At that point, they gain independence and assume adult responsibilities.

What to Consider in a Case Involving a Minor?

In Ohio, personal injury cases involving minors might have some differences from those with adult victims. One major difference is the statute of limitations, which is the deadline for filing a personal injury lawsuit in civil court.

Generally, Ohio’s statute of limitations is two years from the date of the injury. However, if a minor is injured, the clock does not begin to run until the minor turns 18. This means the minor has two years from their 18th birthday – until their 20th birthday – to file the personal injury lawsuit.

In many cases, it might not benefit the parties to wait that long. Always discuss the timing of a lawsuit with an Ohio personal injury attorney who handles cases involving minor victims.

The Statute of Limitations is tolled until the minor turns 18

A statute of limitations sets the deadline for filing a lawsuit over a legal claim. If someone files a lawsuit over a claim after the deadline for it has passed — or, as lawyers say, “after the statute of limitations has run”— then the defendant can assert the statute of limitations as an affirmative defense. That means that it won’t matter if what the plaintiff claims in the lawsuit is true. Because the lawsuit was filed after the deadline established by the applicable statute of limitations, the court will dismiss it.

How far out the deadline is set depends on what kind of claim the plaintiff is making. For example, the deadline for a medical malpractice claim is generally one year after the alleged malpractice occurred, according to Ohio Revised Code § 2305.113(A). On the longer end of the spectrum, O.R.C. § 2305.06 says that a lawsuit for breach of a written contract must be brought within eight years of the breach. Personal injury lawsuits fall under O.R.C. § 2305.10(A), which requires that a lawsuit be brought within two years of the date on which the injury occurred.

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Note: When a minor is injured, the statute of limitations doesn’t begin to run until the minor turns 18. For example, if a 12-year-old is injured in a car accident, the deadline for suing over those injuries will be two years after the minor turns 18, not two years after the car wreck. So, the statute of limitations is “tolled” during childhood.

And the minor is not the only one who benefits from this tolling: Under a 2007 Ohio Supreme Court case, Fehrenbach v. O’Malley, the statute of limitations for parents’ derivative claims for loss of consortium and medical expenses incurred when their minor child is injured may also be tolled until the child turns 18, in some circumstances.

Can a parent file a lawsuit on behalf of a child?

Normally, one person cannot file a lawsuit for the claims of another. Rule 17(A) of the Ohio Rules of Civil Procedure Rule requires that the “real party in interest” be a party to the lawsuit. However, Rule 17(B) says that a parent or legal guardian can file suit on a minor’s behalf. When a parent does this, the parent is said to be suing as the “next friend” of the minor. Instead of requiring the minor to seek recovery in court, the minor’s parents are allowed to stand in for him or her.

Do the Personal Injury Settlements for Minors Must be Approved by a Court?

For adults, settling a legal claim is a matter of negotiation and agreement. The parties are usually free to agree to any terms to settle their dispute, and they can do so without filing a lawsuit. Even if a lawsuit has already been filed, the parties are not required to seek court approval of their settlement. Once they agree to a settlement, the settlement agreement is a binding contract, and either party can enforce it against the other if necessary.

Minors lack the legal capacity to make contracts. As such, they cannot agree to a settlement of their own claims. Even if a minor purported to settle his or her own claims by contract, the contract wouldn’t be binding. At the same time, the law recognizes that the parents or legal guardians of a minor may have a conflict of interest with the minor.

Consequently, Ohio law requires that settlements of minors’ legal claims receive court approval. This means that a lawsuit must always be filed, even though the parties agree on what the outcome should be. The court’s role will be to ensure that the settlement is in the minor’s best interests. Once the court approves a settlement for a minor, the settlement agreement is binding on all parties, including the minor.

These are not the only differences between how the law treats a minor’s personal injury claim and the same kind of claim made by an adult. The law also imposes specific requirements on the lawsuit or settlement proceeds, which an experienced personal injury lawyer can review with you.

Who Can Access a Child’s Settlement Money?

Generally, when a child receives a settlement award, it’s considered their own, and they’re the ones authorized to assess it. However, Ohio law has specific provisions regarding settlements for minors.

If the settlement amount is less than $10,000, the child’s parent or guardian can receive the funds directly on their behalf. This allows for more direct access to the money for smaller settlements.

For settlements exceeding $25,000, the court must grant approval for the guardian of the minor’s estate to manage the settlement. The court evaluates whether the funds are necessary and how they’ll be used for the minor’s benefit.

If approval is granted, the guardian can oversee the funds through a restricted access custodial account or with the help of a surety bond. This setup ensures that the money is managed securely and used appropriately for the minor’s needs.

When Can My Child Use the Money They Received From a Child Injury Settlement?

In Ohio, a minor can gain access to the funds from a child injury settlement once they reach the age of 18. At that point, they can request the funds from the bank, which will transfer the full amount to them. However, parents or guardians should provide the courts with documentation proving that the settlement money was managed appropriately and in accordance with legal requirements. Note that under certain circumstances, the minor may be able to access the custodial funds before turning 18. This must be deemed necessary and beneficial for their minor’s well-being. Your minor’s personal injury lawyer will help evaluate the circumstances surrounding the minor’s situation to determine if they warrant such approval.

Get Help with a Minor’s Personal Injury Claim

The bottom line is this: If your minor child has been injured, you need the assistance of the knowledgeable attorneys of Dyer, Garofalo, Mann & Schultz to help you pursue that claim. If you find yourself in that unfortunate situation, please contact us today so we can help you regarding on personal injury settlements for minors.

Doug Mann

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.

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