Can I File a Personal Injury Lawsuit on Behalf of My Child?

The Center for Disease Control (CDC) reports that more than 9 million child injury emergency room visits occur each year. A little over half of these accidents involves falls. Other injuries include being struck by objects, being stung or bitten by animals or insects, burns, defective product injuries, dog attacks, drownings, car accidents, medical malpractice, overexertion and suffocation.

When children are injured as a result of someone else’s negligence or misconduct, parents can pursue legal actions on behalf of their children. However, a child’s age and mental state significantly influences how parents should handle these cases. If your child is injured in an accident, it is in the best interest of your child for you to obtain the assistance of a skilled personal injury attorney.

If a Child is Under the Age of 18

If it is a minor child below the age of 18, he or she is incapable of entering into a binding legal contract. Accordingly, the child cannot file a lawsuit on their own. A parent or legal guardian, with the help of a personal injury attorney, can file a lawsuit on behalf of the child to receive compensation. This must be done within a specified period of time.

If a Child is Over the Age of 18

If a child is 18 years of age or older, a parent has no legal grounds to file a lawsuit. However, if a child is emotionally or mentally incompetent or if a child names a parent as their legal representative, the parent can take legal action on behalf of the child.

Contact A Personal Injury Attorney

If your child was injured as a result of someone else’s negligence or misconduct, you need a strong and determined attorney. Let Rockland Injury Law help you receive the compensation your child deserves. To schedule your free consultation, call us at 845-709-8005 or 800-940-1799 or email or

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Disclaimer : This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.