
Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
A personal injury case involving an injured child is handled differently from an adult claim because a minor generally cannot pursue or settle the case independently.
When a child is harmed because of someone else’s negligence, an authorized adult representative may be able to seek financial compensation on the child’s behalf for medical care, pain and suffering, disability, future losses, and other recoverable damages.
Legal differences may affect who can file the claim, how deadlines apply, whether a court must approve a settlement, and how the child’s recovery is protected.
Child injury claims also require careful consideration of future development, education, long-term medical needs, and earning capacity.
TorHoerman Law helps families understand the procedures that apply to a child’s personal injury claim and the steps required to protect the child’s legal interests.

When an injured minor suffers harm because of another person or entity’s negligence, a parent, guardian, or other authorized representative may be able to pursue a personal injury claim on the child’s behalf.
A child injury claim may arise from a car accident, unsafe property condition, defective product, negligent supervision, medical negligence, or another incident that causes legally compensable harm.
Personal injury compensation may include the child’s medical expenses, future treatment and care, pain and suffering, permanent impairment, and other damages recognized under applicable state law.
Because children may still be developing physically, cognitively, and emotionally, serious injuries can also affect education, independence, future earning capacity, and the child’s well being and financial future.
Legal representation can help families document these present and future losses, identify responsible parties, preserve evidence, and determine which filing deadlines and procedural requirements apply.
The family’s rights may also differ from the child’s rights because a parent may have a separate claim for certain expenses or losses under some state laws.
Settlements involving minors are handled under special procedures in many jurisdictions, which may require court approval and restrictions on how the child’s settlement funds are held, invested, or distributed.
For these reasons, a child personal injury claim requires careful evaluation of both the immediate injury and the long-term consequences the child may face.
Contact TorHoerman Law for a free consultation to discuss your child’s injury and the legal options available to your family.
A child personal injury claim allows an injured minor to seek compensation when another person, business, organization, or other liable party causes harm through negligence or another legally recognized basis for liability.
Child injury claims generally follow many of the same liability, causation, and damages principles as cases involving adults, but additional protections apply because minors typically cannot manage or settle legal claims independently.
A parent or guardian, court-appointed representative, or other person authorized under applicable law may therefore take an active role in pursuing the claim on the child’s behalf.
Compensation may address medical treatment, pain and suffering, permanent impairment, future care, and other losses affecting the child’s life.
State law may also determine whether a parent has a separate claim for certain medical expenses or other losses associated with the injury.

Filing deadlines require particular attention because some states toll, or pause, certain statutes of limitations while the injured person is a minor, sometimes until age 18 or 19, while other claims remain subject to different or earlier deadlines.
For example, Illinois generally allows certain claims to be brought within two years after a minor reaches age 18, illustrating why the applicable state law must be reviewed rather than assuming every child’s claim remains open until adulthood.
These additional procedural protections are intended to preserve the injured child’s legal interests while allowing an authorized adult to pursue the claim and seek compensation on the child’s behalf.
Who can file a personal injury claim for a child depends on state law, the court involved, and the child’s family and custody circumstances.
A parent or legal guardian commonly begins an insurance claim and retains legal counsel on the child’s behalf.
If a lawsuit is filed, applicable law may require the child to proceed through a parent acting in a representative capacity, legal guardian, next friend, conservator, or another authorized representative.

Potential representatives may include:
A custody order does not necessarily determine who has authority to file a lawsuit, retain counsel, sign legal documents, or approve a settlement on the child’s behalf.
Disputed custody, deceased or unavailable parents, conflicts of interest, or competing claims may require additional court involvement or appointment of an independent representative.
A minor generally cannot prosecute a personal injury lawsuit or enter a binding settlement independently.
If a parent is unavailable, unwilling or unable to act, involved in the circumstances of the injury, or has a conflict of interest with the child, another representative may be authorized or appointed under applicable law to protect the child’s interests.
In federal court, for example, a minor without a duly appointed representative may sue through a next friend or guardian ad litem.
The child’s injury does not generally allow both parents to recover duplicate compensation for the same damages.
State law determines who may act on the child’s behalf and whether either parent has a separate claim for medical expenses, necessary care, loss of services, or other legally recognized losses arising from the child’s injury.
When parents are separated or divorced, custody orders and other court documents may affect who has authority to make decisions concerning the child’s claim.
Conflicts between parents, competing claims, or disagreements over settlement allocation may also require additional court review before a settlement can be approved or funds distributed.
A personal injury claim involving a child can arise from any event in which legally actionable conduct causes harm.
Common cases involve motor vehicles, unsafe property, defective products, negligent supervision, medical treatment, and intentional misconduct.

Common types of accidents that may lead to child personal injury claims include:
Most child personal injury lawsuits based on negligence require proof of four elements: duty, breach, causation, and damages.
These are the same basic negligence elements that apply in cases involving adults, although a child’s age may affect issues such as comparative fault, testimony, future damages, and the evaluation of the child’s own conduct.

The four elements that must be proven in personal injury claims involving children include:
The evidence required depends on how the injury occurred.
In a daycare negligence case, for example, staffing records, surveillance footage, licensing requirements, incident reports, and witness testimony may help establish whether the daycare failed to provide legally required supervision and whether that failure caused the child’s injury.
A child may be found partly responsible for an accident, but minors are not always judged by the same standard of care as adults.
Depending on the jurisdiction, a court may evaluate the child’s conduct in light of factors such as age, intelligence, experience, maturity, and the circumstances surrounding the incident.
Some states also apply special presumptions or rules when determining whether a very young child is capable of negligence.
Comparative and contributory fault rules vary by state.
In comparative-fault jurisdictions, any responsibility attributed to the child may reduce the compensation available, and some states bar recovery once the plaintiff’s share of fault reaches a specified threshold.
A small number of jurisdictions continue to use contributory-negligence rules that can bar recovery when the plaintiff is legally responsible for contributing to the injury.
An exception may apply when a minor engages in certain activities ordinarily associated with adults.
For example, some courts hold minors operating motor vehicles to the same standard of care that applies to adult drivers.
Evidence in a child personal injury claim may be used to establish how the incident occurred, the nature and cause of the child’s injuries, the treatment provided, and the effect of the injury on development, education, daily activities, and future needs.
Because younger children may have difficulty identifying or describing symptoms, observations from parents, caregivers, teachers, therapists, and medical professionals can provide important context when documenting changes after an injury.

Relevant evidence may include:
Evidence should be preserved as early as reasonably possible.
Surveillance footage may be overwritten, physical conditions can change, witnesses can become difficult to locate, and electronically stored information or institutional records may not be retained indefinitely.
When a child is too young or otherwise unable to describe symptoms clearly, parents and caregivers can document observable changes without attempting to make their own medical diagnosis.
Depending on the injury, relevant changes may involve sleep, appetite, mobility, behavior, mood, concentration, school performance, participation in normal activities, or the amount of assistance the child needs.
For example, CDC guidance notes that children with concussion symptoms may show changes in sleep, appetite, behavior, balance, concentration, play, or usual activities, and some symptoms may not become apparent until hours or days after the injury.
Similar observations can help medical providers understand how a child’s functioning has changed after other types of injuries.
Parents and caregivers should report those observations accurately to the child’s healthcare providers.
Medical professionals can then evaluate whether the reported changes are consistent with examination findings, diagnoses, and the child’s course of treatment.
School records, therapy notes, teacher observations, and developmental evaluations may also help document changes that emerge over time.
A dated symptom or care journal can be useful in some cases, but entries should remain factual and specific.
Parents should record what they actually observed rather than speculate about diagnoses, causation, or the child’s long-term prognosis.
Available damages in a child personal injury claim depend on the applicable state law, the nature and severity of the injury, and the losses supported by the evidence.
Compensation for minors may include both economic damages, such as medical expenses and future care costs, and non-economic damages for physical pain and suffering, emotional harm, and loss of normal life.
Parents may also have a separate right to recover certain expenses they incur while caring for an injured child, although state law determines which losses belong to the parent and which belong to the child.
An attorney can evaluate each category of loss and help the family claim compensation supported by the evidence while pursuing the maximum compensation available under the law.

Recoverable damages may include:
A child may be able to recover damages for lost future earning capacity when a permanent injury is expected to limit the child’s ability to work or earn income as an adult.
Because minors usually have little or no employment history, these damages cannot simply be calculated from past wages.
Attorneys and experts may instead evaluate factors such as the child’s age, health before the injury, academic performance, abilities, expected educational path, medical limitations, likely work life, and earnings data for reasonably probable career paths.
Medical, vocational, and economic expert testimony may be necessary to support the calculation.
Claims involving permanent brain injuries, spinal cord injuries, amputations, significant cognitive impairment, or other lifelong disabilities may provide a stronger basis for future earning-capacity damages.
Courts generally require these losses to be supported by reasonable evidence rather than speculation about what the child might have earned.
Punitive damages may be available in some child injury cases when the defendant’s conduct was substantially more serious than ordinary negligence.
Rather than compensating the child for a specific loss, punitive damages are intended to punish particularly wrongful conduct and deter similar behavior.
The legal standard varies by state, but punitive damages generally require evidence of conduct such as intentional wrongdoing, fraud, malice, recklessness, or a conscious disregard for the safety of others.
A simple mistake or failure to exercise reasonable care usually is not enough.
Punitive damages may be considered when evidence shows, for example, that a defendant knew of a serious safety hazard and deliberately ignored it, intentionally concealed a dangerous condition, or repeatedly engaged in conduct that created a substantial risk of injury.
Some states limit the amount of punitive damages that can be awarded or restrict them to particular types of claims.
Whether punitive damages are available depends on the facts of the case and the law of the state where the claim is filed.
Compensation awarded for a child’s injuries generally belongs to the child, even when a parent or guardian brings the personal injury compensation claim on the child’s behalf.
Parents or guardians may file lawsuits for injured minors, but they do not ordinarily receive unrestricted control over money awarded for the child’s damages.
A parent may have a separate right to recover certain losses, such as medical expenses or other costs incurred while caring for the injured child, depending on state law.

When both the child and parent have claims, the settlement may allocate specific amounts to each.
How much compensation can a child receive, how the money is distributed, and when the child can access it depend on state law and the terms of the settlement.
Courts may review the allocation to confirm that the settlement protects the child’s best interest and does not improperly shift compensation belonging to the child to another person.
Settlements involving minors are often subject to safeguards designed to preserve the child’s compensation until it can be used for appropriate needs or the child reaches adulthood.
Depending on state law, the amount recovered, and the child’s circumstances, the settlement may be placed in a restricted account, trust, structured settlement, or another protected arrangement.
Common methods of protecting a minor’s settlement include:
The appropriate arrangement depends on factors such as the child’s age, the size of the settlement, expected medical and care needs, disability status, and applicable state law.
The settlement serves to compensate the child for an injury, but the way those proceeds are protected can determine whether sufficient funds remain available for future needs.
Court approval of a minor’s personal injury settlement depends on state law, the amount of the settlement, and whether a lawsuit has already been filed.
Many jurisdictions require judicial approval in at least some circumstances because a minor generally cannot enter into a binding settlement or release in the same manner as an adult.
Some states also use monetary thresholds that trigger additional court, guardianship, or settlement-protection requirements.
A $15,000 threshold is used for certain minor-settlement procedures in some jurisdictions, although the specific rule and amount vary by state.
When approval is required, the court may consider:
A court may also appoint a guardian ad litem to independently protect the child’s interests during the settlement process.
The judge may require medical records, settlement documents, financial information, testimony, or other evidence before approving the agreement.
Court approval can also determine how the child will receive the proceeds, including whether funds must be deposited into a restricted or court controlled account, placed in a trust, or distributed through structured payments rather than as a lump sum.
A parent’s agreement to a settlement does not necessarily create a binding release of the child’s personal injury rights when the procedures required by state law have not been followed.
The deadline to file a child personal injury lawsuit depends on the applicable statute of limitations and the type of claim involved.
Some states toll, or pause, the statute of limitations while an injured person is a minor, potentially giving the child additional time to file after reaching adulthood.
Other states impose different deadlines for minors, establish an outside filing deadline, or apply separate rules to claims belonging to the child’s parents.

Different or additional filing requirements may apply to:
Claims against government entities can be particularly time-sensitive because some jurisdictions require a notice of claim within a matter of months.
The rules that extend a child’s statute of limitations do not necessarily extend these separate notice requirements.
A statute of repose can also impose an absolute deadline based on when an event occurred rather than when the injury was discovered.
Families should therefore determine the applicable deadlines as soon as possible instead of assuming that a child’s claim automatically remains open until adulthood.
A child personal injury claim generally begins with medical treatment and an investigation into how the injury occurred.
Immediate medical attention is crucial for the child’s health and can also create important documentation connecting the injury to the accident or incident.
As the claim develops, attorneys may investigate liability, identify available insurance coverage, evaluate the child’s long-term prognosis, and determine the full extent of the family’s recoverable losses.

The process may include:
The timeline depends on injury severity, treatment duration, disputed liability, the number of defendants, available insurance, expert analysis, and court approval requirements.
A straightforward claim involving a full recovery may resolve in months.
A catastrophic-injury or medical-malpractice case may take substantially longer.
Settling before the prognosis is reasonably understood can leave future surgery, therapy, educational support, or attendant care uncompensated.
Delay also carries risks, including lost evidence and approaching filing deadlines.
The case strategy should balance those concerns.
Insurance companies evaluate child personal injury claims by reviewing liability, medical evidence, the severity and permanence of the injuries, available insurance coverage, and the damages supported by the record.
Because an injured child may have decades of future medical, educational, and financial consequences ahead, evaluating the full value of the claim can require more than simply adding up current medical bills.
Insurers may consider factors such as:
Insurance companies also have a financial incentive to minimize payouts and may dispute liability, question whether treatment was necessary, challenge the extent of future damages, or argue that some losses are uncertain.
In a serious child’s case, medical specialists, economists, vocational experts, life-care planners, or other professionals may be needed to document losses that are not apparent from current medical bills alone.
Attorney fees and other legal fees generally do not determine the underlying value of the child’s injuries, although they can affect the amount ultimately distributed from a settlement depending on the fee agreement, court approval requirements, and applicable law.
After a child is injured, parents should focus first on medical care while also taking reasonable steps to preserve evidence and protect the child’s legal rights.
The actions taken in the days and weeks after an accident can affect both the child’s recovery and the strength of the child’s case.
Waiting too long to investigate the incident, preserve evidence, or determine the applicable filing deadline can jeopardize a minor’s injury claim.
Parents should consider taking the following steps:
When a child suffers a serious injury because of another person’s negligence or wrongful conduct, the effects can extend far beyond the immediate medical treatment.
Families may face ongoing medical expenses, rehabilitation, educational needs, emotional challenges, and uncertainty about how the injury could affect the child’s future.
At TorHoerman Law, our child personal injury attorneys help families investigate what happened, identify responsible parties, document the full extent of the child’s injuries, and pursue compensation for current and future losses.
We understand that claims involving minors can require additional legal protections, including court approval, restricted accounts, trusts, structured settlements, and other arrangements intended to protect the child’s recovery.

If your child was injured because of someone else’s actions, contact TorHoerman Law for a free consultation.
Our attorneys can review the circumstances of the injury, explain your legal options, and help determine the next steps for pursuing a child personal injury claim.
Call TorHoerman Law today or use our chat feature to get started.
A parent or legal guardian can generally participate in settlement negotiations on behalf of an injured child, but state law may impose additional requirements before the agreement becomes binding.
Depending on the jurisdiction and the amount recovered, a court may need to review the settlement and determine whether it adequately protects the child’s interests.
Court review can help protect minors from settlements that improperly reduce their financial recovery or fail to account for future needs.
If approval is required, the judge may examine the settlement amount, attorney fees and costs, medical liens, the child’s prognosis, and the proposed method for protecting the remaining funds.
A personal injury settlement typically requires the injured party to release the defendant from additional liability for the covered claim.
Once a valid settlement and release become final, the family generally cannot return later and demand additional compensation simply because the child’s condition worsened.
Before resolving a serious child injury claim, the child’s long-term medical needs should therefore be evaluated as carefully as possible.
Relevant future losses may include:
The possibility of long-term complications is one reason serious claims may not be ready for settlement immediately after an accident.
Many personal injury firms handle qualifying cases on a contingency-fee basis.
The lawyer is paid an agreed percentage of the recovery rather than an hourly fee.
The agreement should explain the percentage, litigation expenses, responsibility for costs, treatment of appeals, and whether court approval of fees is required.
Attorney fees in a minor’s settlement may be subject to judicial review or statutory limits.
Parents should review the written agreement and ask how fees and costs will affect the child’s net recovery.
A child’s age can affect how certain damages are evaluated, but younger or older children do not automatically receive larger settlements.
The value of a claim depends primarily on the severity and permanence of the injuries, available evidence, applicable law, insurance coverage, and the effect of the injury on the child’s life.
Age can become particularly important when evaluating developmental delays, educational limitations, future medical needs, and lost earning capacity.
A permanent injury suffered early in childhood may affect decades of the child’s life, making a careful assessment of future consequences particularly important.
Potentially.
An injury that affects a child’s cognitive abilities, behavior, mobility, communication, or ability to learn can create educational consequences that form part of the evidence supporting the child’s damages.
Depending on the nature of the injury, relevant evidence may include:
School records can be especially useful when they document how the child’s abilities and performance changed after the injury.
Many child personal injury claims are resolved through settlement rather than a trial.
A lawsuit may become necessary when the parties dispute liability, an insurance company contests the severity of the child’s injuries, or the parties cannot agree on fair compensation.
Even when the parties reach an agreement, however, a court may still have a role in approving a minor’s settlement.
Court approval requirements differ by state and may also depend on whether litigation has already been filed and how much money the child will receive.
Not necessarily.
Compensation awarded for the child’s injuries belongs to the child, and settlement proceeds may be placed in a restricted account, structured settlement, trust, guardianship estate, or another arrangement that limits how and when the money can be accessed.
Depending on state law and the settlement order, funds may be available for expenses that directly benefit the child, while other withdrawals may require court authorization.
Parents may separately receive compensation for their own legally recoverable expenses, such as certain medical or caregiving costs, when state law permits those claims.
The purpose of these restrictions is to preserve the child’s financial recovery and make sure settlement proceeds remain available for the child’s current and future needs.

Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
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In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
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They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.

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I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.

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