When a child is injured in an accident, the emotional and financial toll on a family can be overwhelming. From mounting medical bills to long-term care needs, parents often find themselves facing serious challenges. At Gieg & Jancula, our personal injury attorneys in Altoona, PA, understand how devastating these cases can be. We are here to help families throughout Pennsylvania understand their legal rights and the unique process of filing a personal injury claim on behalf of a minor.
In this guide, we’ll break down how personal injury claims work for children in Pennsylvania, how the law treats minors differently, and what parents and guardians need to know to protect their child’s future.
What Is a Personal Injury Claim?
A personal injury claim is a legal action brought against a person, business, or entity whose negligence caused physical, emotional, or financial harm. These claims aim to recover compensation for:
- Medical expenses
- Pain and suffering
- Loss of future earning potential
- Emotional distress
- Disability or disfigurement
While most claims involve adults, children have just as much right to compensation. The process, however, is more complex due to their age and legal status.
Can a Child File a Personal Injury Claim in Pennsylvania?
No. Under Pennsylvania law, minors (individuals under the age of 18) are not legally allowed to file lawsuits on their own. Instead, a parent or legal guardian must file the claim on the child’s behalf.
This process is known as a “minor’s claim”, and it is subject to special court procedures designed to protect the child’s best interests.
Common Personal Injury Cases Involving Children
Children can be injured in a wide range of situations, including:
- Car accidents
- School or daycare negligence
- Playground injuries
- Slip and falls
- Dog bites
- Defective toys or products
- Medical malpractice
- Bicycle or pedestrian accidents
Regardless of the type of incident, Pennsylvania law allows families to pursue justice when someone else’s negligence causes harm to a child.
How Is a Minor’s Injury Claim Different from an Adult’s?
While the overall goal of a personal injury claim is the same—financial compensation—the legal process is slightly different when the injured party is a child. Key Differences Include:
1. Statute of Limitations
In Pennsylvania, adults have two years from the date of injury to file a personal injury lawsuit. For minors, however, the clock does not start ticking until the child turns 18. This means a personal injury claim can be filed up to the child’s 20th birthday.
That said, it is still advisable to file the claim as soon as possible to preserve evidence and build a strong case.
2. Court Approval Required for Settlements
When a settlement is reached in a case involving a minor, it must be approved by a Pennsylvania judge. This process ensures that the settlement amount is fair and that the funds are used in a way that benefits the child.
The court may appoint a guardian ad litem, a third-party advocate, to evaluate the proposed settlement and make recommendations.
3. Structured Settlements and Trusts
Rather than giving the child a lump sum, the court often orders the funds to be placed in a structured settlement or court-supervised trust. This ensures that the money is available for future needs such as education, medical care, or long-term support.
What Damages Can Be Recovered in a Child Injury Claim?
Just like adult cases, child injury claims in Pennsylvania can include both economic and non-economic damages. These may include:
- Medical expenses, including future treatment and rehabilitation
- Emotional distress and trauma
- Physical pain and suffering
- Disability or permanent injury
- Loss of enjoyment of life
- Reduced future earning capacity (in severe cases)
Parents may also have a separate claim for out-of-pocket expenses and lost wages incurred while caring for the injured child.
Steps to Take After a Child Is Injured in Pennsylvania
If your child has been injured due to someone else’s negligence, it is important to act quickly and thoughtfully. Here are the recommended steps:
1. Seek Immediate Medical Attention
Your child’s health comes first. Prompt medical treatment not only protects their well-being but also provides vital documentation for your legal claim.
2. Document Everything
Keep detailed records, including medical bills, doctor’s notes, accident reports, photos of injuries, and correspondence with insurance companies or involved parties.
3. Do Not Sign Anything from an Insurance Company
Insurance adjusters may try to settle quickly and for less than the claim is worth. Do not sign any documents or accept payments without speaking to an attorney.
4. Consult with a Personal Injury Lawyer
A qualified attorney will help you evaluate the claim, estimate damages, and handle negotiations. At Gieg & Jancula, we provide free consultations and work on a contingency basis, so you pay nothing unless we win your case.
How Gieg & Jancula Helps Families in Altoona and Throughout Pennsylvania
We understand the fear, frustration, and stress that come with having an injured child. At Gieg & Jancula, our job is to relieve that burden and help families recover the compensation they deserve.
Our team handles every aspect of the legal process, including:
- Investigating the accident
- Collecting evidence and medical documentation
- Negotiating with insurance companies
- Filing the claim and handling court approval
- Structuring settlements to protect your child’s future
We are proud to be a trusted legal resource for families in Altoona, Hollidaysburg, Tyrone, and across Blair County.
Contact Gieg & Jancula for Trusted Legal Guidance
If your child has been injured due to someone else’s negligence, you have the right to seek justice and financial support. At Gieg & Jancula, we are committed to helping Altoona families navigate the complex legal system and secure the compensation their children need to heal and thrive.
Call us today at 814-946-1606 or fill out our online contact form for a free consultation. We are here to help you protect your child’s future and hold negligent parties accountable.