When a child gets hurt in an accident, parents face challenges that go far beyond medical bills and recovery. The legal process for a minor's personal injury claim operates under entirely different rules than cases involving adults. Courts impose strict requirements designed to protect children who can't advocate for themselves, and these protections create a process that many parents find confusing at first.
Understanding how New York handles these cases matters because the decisions you make now can affect your child's future. Settlement funds, legal deadlines, and court oversight all work differently when the injured person hasn't reached adulthood yet.
Can a Child File Their Own Personal Injury Lawsuit?
No. New York law recognizes that minors lack the legal capacity to sue on their own behalf. Under CPLR § 1201, a child must be represented by someone with legal authority: a parent with legal custody, a guardian of the property, or a court-appointed guardian ad litem.
This representative brings the lawsuit "on behalf of" the minor, seeking compensation for pain, suffering, medical expenses, and other damages the child suffered. The adult acts as the legal voice for a child who cannot navigate the court system independently.
Parents sometimes assume they can simply handle the claim informally with an insurance company, the way they might resolve a fender bender. That assumption creates problems, because New York requires judicial oversight for any settlement involving a child, regardless of the amount.
How Long Do You Have to File a Claim for an Injured Child?
The statute of limitations for minors works differently than the standard three-year deadline that applies to most adult injury cases. Under CPLR § 208, the clock doesn't start running until the child turns 18. This is called "tolling" the statute of limitations.
For a typical personal injury case, this means an injured minor generally has until their 21st birthday to file a lawsuit. If a child is hurt at age 5, their family has 16 years before the filing deadline arrives, not just three.
This extended timeframe exists because young children can't advocate for themselves, and some injuries don't reveal their full impact until years later. The tolling provision ensures that when a child becomes an adult, they still have the opportunity to seek compensation for harm they suffered while a minor.
What Happens with Medical Malpractice Cases Involving Children?
Medical malpractice cases follow different rules that significantly limit the tolling period. While the statute of limitations is still tolled during infancy, New York law caps this tolling at ten years from the date of the medical act or omission.
This creates what's known as a "statute of repose," an absolute deadline that prevents claims from being filed decades after the alleged malpractice occurred. For example, if a child suffers a birth injury, the claim must generally be filed within ten years of the birth, even if the child is still a minor at that time.
The rationale behind this shorter window involves balancing the rights of injured children against the practical difficulties of defending against very old medical claims. Witnesses move, memories fade, and medical records become harder to reconstruct as decades pass.
What Is an Infant Compromise and Why Is It Required?
An Infant Compromise is a court hearing where a judge reviews and approves any settlement in a minor's personal injury case. New York law, specifically CPLR Article 12, requires this judicial oversight to protect children from settlements that might not serve their best interests.
Parents cannot simply accept a settlement check from an insurance company and close the case. Every settlement, no matter how large or small, must go through this formal court approval process.
The term "infant" in this legal context means any person under 18, not just babies. Whether your child is 6 months old or 17 years old, the Infant Compromise process still applies.
What Does the Court Need to Approve a Settlement?
The petition for an Infant Compromise requires detailed documentation. At minimum, you'll need to submit an affidavit explaining the circumstances of the injury and settlement terms, a medical report from the treating physician (typically dated within one year of the petition), and a copy of the child's birth certificate.
The judge typically requires the minor, the parent or guardian, and the attorney to attend the hearing in person. This allows the judge to ask questions and evaluate whether the settlement amount fairly compensates the child for their injuries.
Judges consider factors like the severity of the injury, the strength of the liability case, the costs of litigation, and whether the settlement adequately accounts for future medical needs. The court acts as an independent check against settlements that might benefit the adults involved more than the injured child.
Where Does the Settlement Money Go?
Settlement funds don't go directly to parents. New York courts typically order that the money be placed in a blocked bank account or structured settlement annuity until the minor reaches 18. This ensures the funds remain available for the child's benefit rather than being spent by parents for other purposes.
A blocked account requires court approval for any withdrawal, even if the parents want to use the money for the child's medical care or education. Structured settlements spread payments over time, often providing regular disbursements during childhood and a larger lump sum when the child becomes an adult.
Parents sometimes find these restrictions frustrating, especially when they're dealing with ongoing medical expenses. The court's priority, however, is protecting the child's long-term interests, not providing immediate financial relief to the family.
How Does Comparative Negligence Work for Children?
When evaluating a child's potential negligence, New York courts don't apply the same "reasonable person" standard used for adults. Instead, judges and juries consider what a reasonable child of similar age, intelligence, and experience would have done in the same situation.
A 5-year-old who darts into the street is evaluated differently than a 15-year-old who does the same thing. Younger children are generally held to lower standards of care because they lack the judgment and impulse control expected of older children and adults.
This age-appropriate standard often works in a child's favor when determining compensation. Even if a child's actions contributed to the accident, the degree of fault assigned may be reduced based on developmental expectations.
Can Parents Be Held Liable When Their Child Injures Someone Else?
New York law addresses the flip side of this issue: what happens when a minor causes injury to another person. Parents or legal guardians may be held liable for willful or malicious acts committed by children between ages 10 and 18, though this liability is often capped by statute.
Parents can also face liability through the theory of negligent entrustment, when they provide a child access to something dangerous (like a vehicle or weapon) despite knowing the child lacks the maturity to handle it safely. This type of claim is based on the parent's own negligence, not automatic liability for the child's actions.
What Makes These Cases Different from Adult Personal Injury Claims?
Beyond the settlement approval process and tolled statute of limitations, cases involving minors require additional considerations. Damages for a child can include not just current medical expenses and pain, but also impacts on future earning capacity, education, and quality of life over what could be many decades.
Assessing these future damages requires expert testimony about the child's likely development trajectory and how the injury might affect their opportunities as an adult. A serious injury at age 7 has vastly different lifetime implications than the same injury at age 47.
The court's protective role means that even when liability seems clear and the insurance company offers what appears to be fair compensation, the settlement can't proceed without judicial approval. This adds time to the process but provides an important safeguard for children who can't evaluate these decisions for themselves.
Injured Because of a Minor's Negligence in New York?
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Summing It Up
Personal injury cases involving minors operate under a framework designed to protect children who lack the legal capacity to advocate for themselves. From tolled statutes of limitations to mandatory court approval of settlements, New York law ensures that injured children's interests are protected even when they're too young to understand what's at stake.
If your child has been injured due to someone else's negligence, understanding these special rules helps you navigate what can feel like an overwhelming process. The additional requirements exist not to create obstacles, but to ensure that any resolution truly serves your child's long-term wellbeing.
