When a child is entitled to sue someone, he or she may do so through a suit brought by his or her parent or guardian. Children do not have the capacity to sue on their own. The attorney retained by the parent or guardian, while ethically obliged to protect the child’s interests, technically is counsel to the adults. When such an attorney or the involved adults think it appropriate, the court may appoint separate counsel for the child.
An attorney who represents a child is generally referred to as the child’s “guardian ad litem.” A guardian ad litem investigates the child’s claims, reports to the court, and acts with a particular focus on the child’s best interests. Children regularly have appointed for them guardians ad litem in foster care proceedings, and in some inheritance and contested custody cases. No one can hire independent counsel for a child. The only proper method by which a child can be represented is through the court’s appointment of an attorney to act as guardian ad litem.
Lawsuits, including those by or on behalf of children, are subject to statutes of limitation. Generally, the statute of limitation in a personal injury case is two years; in a contract case, four years. Many exceptions apply. When the individual entitled to bring a suit is a child who remains in the care of his or her parent or custodial guardian, the statute does not begin to run until the child is 18 years old. Thus, if you were injured as a child, you may still have the right to sue until you are 20 years old — two years past your 18th birthday.
