When a child is injured by someone else's negligence, the law recognizes that minors cannot protect their own legal interests. Arizona therefore applies special rules to children's injury claims, rules that both extend certain rights and impose protective oversight. Parents and guardians should understand how these claims differ from an adult's.
Children's Claims Are Treated Differently
These protections exist to ensure that an injured child's compensation is preserved for the child's benefit, not lost or mishandled.
The Extended Deadline
Arizona's two-year statute of limitations generally does not begin to run for a minor until they turn 18. In most cases, that means an injured child effectively has until age 20 to bring a claim. This protects children whose parents, for whatever reason, did not pursue a claim while they were young.
Important exceptions exist, however. Claims against government entities still carry the short notice-of-claim deadlines, and medical malpractice involving minors has its own rules. Parents should never assume there is unlimited time, prompt advice is still wise.
Court Approval of Settlements
To protect children, Arizona requires court oversight of settlements involving minors above a certain amount. A judge reviews the proposed settlement to ensure it is fair and in the child's best interest, and the funds are typically safeguarded, often placed in a restricted account or structured settlement, until the child reaches adulthood.
This prevents the money from being spent before the child can benefit from it and adds a layer of protection that adult settlements do not have.
The Parents' Role
A parent or guardian usually brings the claim on the child's behalf as a 'next friend' or guardian ad litem. Parents may also have their own related claim for the child's medical expenses. Because of the special deadlines, court-approval process, and the long-term stakes for the child, these cases benefit from careful handling. A free, confidential review can explain how best to protect an injured child's rights.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.