When a child suffers a catastrophic injury, families are often left devastated—not only emotionally, but also financially and legally. Unlike adult injury claims, child injury cases involve strict legal protections, structured settlements, court approval, and often, the appointment of a guardian ad litem.
This guide breaks down the entire process—from identifying catastrophic injuries and understanding legal representation, to attending court hearings and securing your child’s financial future through structured settlements and trusts.
What Is Considered a Catastrophic Injury in a Child?
What Qualifies as a Catastrophic Injury?
Catastrophic injuries are those that result in long-term or permanent disability and often require extensive ongoing medical care. When these injuries affect children, the stakes are particularly high. Children are still growing and developing, which means the injury can impact them physically, cognitively, and emotionally for the rest of their lives.
Common Types of Catastrophic Injuries in Minors
- Traumatic Brain Injuries (TBI): Can cause developmental delays, memory issues, or motor impairment.
- Spinal Cord Injuries: May result in partial or full paralysis.
- Orthopedic and Musculoskeletal Damage: Includes amputations or severe fractures.
- Internal Injuries or Burns: May require surgeries, skin grafts, or result in permanent disability.
A child’s brain and body are still developing. An injury can disrupt that development in lasting ways, affecting their education, ability to work in the future, and quality of life
Filing a Personal Injury Claim for a Minor
Who Can File a Claim?
Because minors do not have legal capacity to file a lawsuit, a parent or legal guardian must do so on their behalf. This ensures that the child’s rights are protected throughout the legal process. Legal proceedings involving children are held to a higher standard of scrutiny, and courts are heavily involved in evaluating whether a settlement is fair and adequate for the child.
Timelines and the Statute of Limitations
Every state has a statute of limitations, or deadline, for filing injury claims. Many states pause or “toll” this deadline until the child turns 18. While that extension exists, it’s important not to delay. Early action allows for stronger evidence collection, clearer witness recollections, and access to medical evaluations that can form the basis of your claim.
How Child Injury Claims Differ from Adult Claims
Filing a child injury claim also differs from adult injury claims in how compensation is managed. Children are more likely to receive structured settlements rather than lump sums. These payments are spread out over years or held in trust until the child reaches adulthood. This approach protects them from financial mismanagement and ensures availability for future medical needs.
Legal Representation and the Role of the Guardian ad Litem
What Is a Guardian ad Litem?
One of the most important figures in a child injury case is the guardian ad litem, or GAL. This is a court-appointed individual—often an attorney or specially trained advocate—whose sole responsibility is to act in the best interest of the child throughout the legal process. A guardian ad litem conducts independent investigations, interviews the child and relevant parties, and makes recommendations to the court, especially in matters of settlement approval.
Why Courts Appoint Guardians ad Litem
Although parents are the natural advocates for their children, the court appoints a GAL when there’s a concern that parental decisions could be influenced by personal interest. This is especially important when attorney fees and long-term financial arrangements are involved, as impartial oversight helps ensure fairness and legal compliance.
The Importance of Hiring a Specialized Attorney
It is also crucial for parents to work with a lawyer experienced in pediatric injury claims. These attorneys understand the nuanced medical, financial, and emotional aspects of representing children. They ensure that compensation accounts for the full extent of the injury, including future medical care, education accommodations, therapy, and, in some cases, assistive living devices or home modifications.
The Minor’s Compromise Hearing: Protecting the Child’s Best Interests
What Is a Minor’s Compromise Hearing?
A minor’s compromise hearing is a court proceeding where a judge evaluates and must approve any proposed injury settlement involving a child. The purpose of this process is to protect the child’s legal and financial interests and ensure that the settlement is fair, appropriate, and not subject to misuse.
How the Process Works
The process begins when the parent or guardian, through their attorney, files a petition with the probate or civil court. This petition outlines the nature of the injury, the terms of the settlement, how the money will be distributed, and what portion will go toward medical bills, legal fees, or court costs.
A guardian ad litem may also submit a report to the court with an independent evaluation of the settlement terms.
During the hearing, the judge will question the guardian ad litem, the attorneys, and sometimes the parents to verify that all parties understand the terms and that the settlement truly benefits the child. Only after judicial approval can the settlement be finalized and the funds disbursed.
Structured Settlements and Financial Planning for the Child’s Future
How Structured Settlements Work
Courts often require that compensation awarded to a minor be placed in a structured settlement or managed under a special financial arrangement. This structure ensures that the money will be available for future needs and is protected from potential misuse.
A structured settlement pays the child incrementally, often beginning at age 18 or 21, and continuing in scheduled disbursements. These payments can be used for college tuition, living expenses, or healthcare. Because the payments are tax-free and scheduled, they provide long-term financial security for the child.
Special Needs Trusts for Long-Term Medical Support
In cases involving disabilities or significant medical needs, the court may recommend the creation of a Special Needs Trust (SNT). This is a legal tool that allows the child to receive compensation without losing eligibility for public assistance programs like Medicaid or Supplemental Security Income (SSI).
An SNT is managed by a trustee and used only for expenses not covered by government benefits, ensuring the child’s full financial protection.
The Role of Probate Court in Settlement Approval
Why Probate Court Is Involved
In many states, including California, all settlements involving children must be reviewed and approved in probate court. Probate courts evaluate the settlement’s fairness and the allocation of funds. They may also appoint fiduciaries to manage the child’s finances or recommend placing the money in a blocked bank account that the child can access only after reaching adulthood.
What Happens During Probate Review
The process typically involves a hearing in which the court examines medical evidence, the financial breakdown of the settlement, and the guardian ad litem’s recommendation. The judge’s primary concern is that the child’s interests are protected, especially if the child will require medical care or rehabilitation for many years.
Common Legal Issues and Parental Challenges
1. Filing Delays and Missed Deadlines
There are several common challenges parents face when pursuing a child injury claim. One is misunderstanding the legal timeline for filing a claim, especially if relying on the assumption that time is extended automatically.
2. Settlement Terms and Oversight
Another issue is choosing a lump-sum settlement without understanding the risks associated with managing large sums on behalf of a child. Many parents are also unaware of the importance of court approval and may attempt to resolve the case through informal negotiation or private agreement, which is not legally binding without judicial oversight.
3. Accounting for Long-Term Needs
Finally, failing to account for long-term care—such as therapy, education services, or assistive devices—can lead to settlements that fall short of a child’s actual future needs. This is where legal expertise and financial planning become essential.
Frequently Asked Questions
Can I file a lawsuit on behalf of my child?
Yes, as a parent or legal guardian, you have the right to file a personal injury lawsuit on behalf of your minor child. Because children cannot legally enter into contracts or file claims, an adult must act in their best interest during legal proceedings. However, any settlement reached on the child’s behalf must be reviewed and approved by a judge to ensure it is fair and adequate.
What is a minor’s compromise hearing, and why is it necessary?
A minor’s compromise hearing is a court-supervised process where a judge reviews and formally approves the terms of a settlement involving an injured child. The goal is to protect the child’s financial and legal interests by evaluating whether the settlement amount is appropriate, how the money will be managed, and whether legal fees or medical costs are reasonable. No settlement involving a child is finalized until a judge gives approval through this hearing.
What is a guardian ad litem and what do they do in a child injury case?
A guardian ad litem is a court-appointed individual—often an attorney or trained advocate—who represents the best interest of the child in legal proceedings. In a child injury case, the guardian ad litem independently reviews the circumstances of the injury, the settlement terms, and the family’s needs, then submits a report and recommendation to the judge. Their role is to ensure that the child’s well-being is the primary consideration in every legal decision.
Why is court approval required for a child’s injury settlement?
Court approval is required to safeguard the minor from exploitation, mismanagement of funds, or unfair settlement terms. Judges are tasked with ensuring that any legal or financial decisions made on behalf of a child genuinely serve the child’s best interests. This process provides a neutral layer of protection and helps ensure transparency and fairness.
Is a structured settlement mandatory for injured children?
While not always mandatory, structured settlements are often strongly recommended and, in many cases, required by the court. A structured settlement ensures that the child receives payments over time rather than all at once, providing long-term financial stability. This format is particularly beneficial for children who will need ongoing medical care, therapy, or educational support throughout their lives.
Contact Fulginiti Law Today
If your child has experienced a catastrophic injury, it’s crucial that you act quickly and wisely. The legal and financial decisions you make today can have lifelong consequences for your child. Filing a claim, securing a structured settlement, and ensuring court approval are critical steps in protecting your child’s future.
To ensure the best outcome, contact Fulginiti Law today for a free consultation. Our skilled lawyer can guide you through the court system, advocate for your child’s needs, and help secure the compensation your family deserves.
