Finding out your child has suffered a serious injury is every parent’s worst nightmare. Even after receiving medical attention, a child often has a long road ahead of them as they recover from physical and psychological trauma.
Parents or legal guardians can file a personal injury claim on behalf of children to seek compensation for the injuries they have suffered. However, any claims involving a child also come with a variety of safeguards designed to keep the child’s best interests in mind. It’s important to work with a skilled attorney who can help guide you through the process.
When can a minor be awarded damages?
Children can recover damages if they are injured due to the negligence of another party. In fact, certain children are more likely to receive compensation when they are owed a greater duty of care.
While people generally have a duty of care to minimize the risk that their actions will cause injuries to others, they are expected to take extra precautions to prevent injuries to children. This is because children may be less capable of recognizing and avoiding potential hazards.
The following are some examples of things that can cause injuries to children and make them eligible to receive damages through a personal injury claim:
- Motor vehicle accidents
- Dog bites
- Defective products
- Negligent supervision at a school, daycare, or other location
- Sports injuries
- Premises liability issues, including attractive nuisances
- Exposure to toxic materials such as asbestos or lead paint
- Physical or sexual assault
Anyone filing a personal injury claim on behalf of a child can seek compensation for economic losses (including medical expenses and the loss of future earning potential) as well as non- economic damages such as emotional trauma or pain and suffering. The court or jury may also approve punitive damages if the defendant’s actions were particularly egregious.
Who can file a personal injury claim on behalf of a minor?
Under most circumstances, children under the age of 18 are not allowed to bring claims on their own behalf in Connecticut. To file a personal injury claim on behalf of a child, a person must be the child’s legal representative or “next friend.” In most claims, this means the child’s parents or legal guardians are permitted to represent them. Other close relatives — including aunts and uncles, adult siblings, and grandparents — may also be able to act as legal representatives.
In some claims, the court may appoint a special representative to act in the child’s best interests. This may occur if the child’s parents or legal guardians are deceased or found to be unfit to act on behalf of the child or when there are significant conflicts of interest involved in the claim. In these instances, the court may appoint a guardian ad litem to represent the child.
What happens to the money awarded to a child in a personal injury claim?
No matter who pursues a personal injury claim for a minor, any personal injury claims seeking damages for injuries to a child are subject to strict legal procedures and probate court oversight. This is to make sure the damages awarded to a child are protected until the child is old enough to make his/her own decisions. That does not necessarily mean at age 18. The probate court will review the terms of any settlement to ensure that it is fair and in the best interests of the child. It will also determine how, and when, the funding can be accessed.
In some claims, the probate court will order that the damages awarded should be set aside in a trust or blocked account, which safeguards the funds and ensures that they are available for the child’s needs in the future. Alternatively, the probate court may approve a structured settlement to provide periodic payments rather than a lump sum, establishing regular income to meet a child’s needs.
Can a parent access the funds awarded to their child?
Although the child is legally the owner of any damages awarded in a personal injury claim, their parents or other legal representatives may be able to use the money on their behalf. This access is permitted when the probate court determines that the funds are necessary to pay for ongoing expenses related to a child’s injury, such as medical care. The funds may also be used to pay for approved education expenses to support the child. In some circumstances, such as severe financial hardship, the probate court may also permit the use of this money to support a child’s basic needs, including payments for housing, food, and clothing.
To guarantee that the funds are being used for the proper purpose, the court may appoint a guardian to oversee the child’s finances – especially in claims resulting in large settlements. The guardian is responsible for managing the funds and making decisions in the child’s best interests, petitioning the court for access to funds, and updating the court on how the money is being used. A parent can be appointed as a guardian as long as they take on these responsibilities.
Connecticut law holds that damages can be awarded, or a settlement approved, on behalf of a child under the age of 18, only when a settlement or verdict is less than $10,000. In this circumstance, the money can be managed by a parent or guardian without probate court supervision.
For awards of $10,000 or more, probate court supervision is mandatory, and the funds must be deposited into a court-approved account. Parents or others acting as the custodian or trustee must get probate court approval to access and spend any funds from these accounts. In addition, the terms of the settlement may specifically dictate how the funds are to be handled.
What happens when the child reaches adulthood?
A child will gain more control over the damages awarded in a personal injury claim once they reach the age of majority, which in Connecticut is 18 years old.
If the funds are held in a custodial account, the child will gain control of these funds when they become an adult. This means they will have full control over how they withdraw and spend this money.
If the money was placed in a trust, there may be certain terms that dictate how the money is to be distributed once the child releases adulthood. In some cases, the full amount may be released. In structured settlements, funds will be released on a set schedule that guarantees a certain percentage of the trust is accessible each year over a set period of time. The agreement may also stipulate that access to the funds is contingent on certain milestones, such as the child completing high school.
In some cases, especially those involving large sums, the court may issue orders on the distribution of funds that will apply even after the child reaches adulthood. These terms may include structured payouts or oversight by a financial advisor.
Let’s review your case
If your child has been injured in an accident, Anderson Trial Lawyers can help you navigate the process of filing a personal injury claim on their behalf. Set up a free consultation by contacting us online or calling 860.886.8845.
