When an adult gets hurt in an accident caused by another adult’s reckless or careless actions, the injured adult can file a personal injury lawsuit against the person responsible for harming them and demand money to pay for their losses. When a negligent adult causes someone under the age of 18 to suffer a personal injury, though, the legal process is more complicated.
If you’ve recently been involved in an accident that was not your fault, you may have lots of questions about what your legal options are as a minor after a personal injury. A personal injury lawyer can further explain what Pennsylvania law says about this type of situation.
Can Minors File Personal Injury Lawsuits in Pennsylvania?
Under Pennsylvania law, people under the age of 18 can’t legally enter into a contract or legal agreement of any kind with an adult. For that reason, minors who get hurt in accidents caused by other people don’t have legal standing to file a lawsuit against that person, nor can they demand a settlement from them or make any other legally binding agreement with them about payment they should be owed for their injuries.
Importantly, this doesn’t mean it’s impossible to file suit over an injury you’ve suffered as a minor. It just means that, in most situations, your parent or legal guardian would have to file the lawsuit on your behalf.
Do Minors Have to Let Their Parents File a Lawsuit for Them?
That’s just one option for how to approach this kind of situation, and not the only one you have access to. For example, the law technically says an adult called a “guardian ad litem” has to sue on your behalf over a personal injury you suffered as a minor. While the court will usually name a parent or legal guardian to serve in that role, you can ask the court to appoint someone else to do it if you feel that would better serve your best interests.
Anyone who sues and wins a personal injury award on your behalf doesn’t just have free reign of the money. There are lots of rules and restrictions on exactly how settlements recovered on behalf of minors have to be managed until the minor turns 18 and can legally take possession of the money themselves. Guardians ad litem may not even be allowed to settle on a minor’s behalf in the first place without a court approving the settlement agreement.
Understanding the Statute of Limitations for Personal Injuries
If you want to file suit on your own behalf, you can wait until you turn 18 to do so. From the moment you turn 18, you generally have two years at most to start a personal injury lawsuit without any parent or guardian being involved, as long as no parent or guardian previously sued in your name over the same injury.
This is just a broad summary of what rights and options you may have in Pennsylvania as a minor who’s suffered a personal injury. If you have further questions about what might be possible in your specific situations, our team can give you the answers and information you need. Call Ostroff Godshall Injury and Accident Lawyers today to get started.
