If you are the parent or legal guardian of a child under the age of 18 in Minnesota, you may have the legal right to file a personal injury claim on behalf of that child after a preventable injury. Parents in Minnesota can file child injury cases in an effort to hold responsible parties accountable and to be made whole again. Cases involving minors come with unique rules and requirements. Contact a personal injury lawyer in Minneapolis for more information.
Are You the Minor’s Parent or Legal Guardian?
If you are the injured child’s parent or legal guardian, Minnesota state law gives you the right to file a personal injury claim on the child’s behalf, in most cases. Minors cannot file claims for themselves in Minnesota. Instead, a legal parent or appointed guardian must file on behalf of the minor.
Are You a Court-Appointed Guardian Ad Litem?
If there is a conflict of interest involved in a personal injury case that prevents a parent or legal guardian from acting as the child’s legal representative, the courts may appoint a guardian ad litem (GAL) to file the claim instead. This may be required when a case involves allegations of child abuse or neglect.
Are You Within Your Filing Deadline in Minnesota?
Injury claims involving children have different filing deadlines than the traditional statute of limitations in Minnesota. Typical personal injury cases must be filed within six years of the date of injury or injury discovery under state law.
However, when the injured party is a child, the clock on the statute of limitations does not start counting down until the date that the child turns 18. If the claim involves medical malpractice or a birth injury, the statute of limitations is suspended for up to seven years or until the child turns 19, whichever comes first.
Do You Have the Elements Necessary for a Personal Injury Claim?
To have a valid claim to financial damages for a child injury, you must meet the required elements of a Minnesota personal injury claim. Most personal injury cases are founded on the legal doctrine of negligence, which describes a lack of proper care used by a defendant.
Negligence has four elements of proof:
- The defendant or party accused of harming the minor owed the child a duty of care.
- The defendant breached or violated the duty of care.
- The defendant’s breach of duty caused or contributed to the child’s injury.
- The child or child’s family suffered measurable losses as a result.
If there is sufficient evidence proving these four elements as most likely to be true, your family may receive compensation for losses such as medical bills, permanent disability, lost wages, and pain and suffering. An experienced personal injury lawyer will be able to search for and preserve evidence to support your child injury claim.
Special Settlement Requirements for Cases Involving Injured Minors
According to the Minnesota Court General Rules of Practice, the payout of a personal injury settlement on behalf of a minor is prohibited without express written order of the court. A judge must sign off on a proposed settlement agreement before it is considered valid. To receive a settlement or judgment award, the parent or guardian must verify the petition and submit it to the courts.
How to File an Injury Claim on Behalf of a Minor in Minnesota
If your child was recently injured in a preventable accident in Minnesota and you believe you have the right to file a personal injury claim on their behalf, discuss your case with an attorney at Goldenberg Lauricella, PLLC. We offer free consultations, where you can speak directly to an attorney about a potential child injury case and receive personalized legal advice.