What is the Statute of Limitations for a Lawsuit Concerning a Child's Injuries

An injured child’s right to sue really belongs to the child’s parent or legal guardian. A lawsuit concerning a child’s injuries must be commenced by an adult parent or guardian acting for the child. It is generally the law that the statute of limitations on a child’s claim does not begin to run until the child reaches the age of 18. If parents or guardians do not pursue a child’s claims, the child has time to do so once he or she becomes an adult.

Parents or guardians who commence suits for children can settle out of court only if the settlement is reviewed and approved by a judge. While settlement of lawsuits is encouraged by the courts, the safeguard of judicial review of minors’ settlements is required to insure that the child’s best interests are being served by the settlement. Any money recovered through settlement or litigation belongs to the child and generally cannot be used until the child achieves the age of legal majority.