Personal Injury Claims Involving Minors in Connecticut: What Parents Should Know 2025

Children can be injured in a variety of ways, such as car accidents, sports or recreational injuries, or medical malpractice. Navigating personal injury claims involving minors in Connecticut can be challenging because there are special considerations for children that don’t apply to adults. When a family is facing a serious injury involving a minor, it is essential to understand the legal process and how Connecticut personal injury laws apply to injured children.

Common Personal Injury Cases Involving Children

For a child to recover damages, their injury must be a result of someone else’s negligence. Accidents can occur at school, daycare, or other locations where the child is being supervised by someone who isn’t their parent. Some of the most common causes of personal injury cases involving children include: 

• Automobile accidents
• Sports injuries
• Exposure to toxic materials
• Defective products
• Dog bites
• Premises liability issues

According to Safe Kids Connecticut, there were 142,027 emergency room visits to Connecticut Children’s from 2021 to 2023. The median age of patients was 5 years old, and 40% of patients were aged 5 to 14. The most common kind of injury was from falls.

Personal Injury Claims Involving Minors

There are certain legal protections for minors in Connecticut who are involved in legal cases due to personal injury. Since children do not have the legal capacity to file a legal claim, a parent or legal guardian must file a claim on the child’s behalf. It is also important to know that the statute of limitations for cases involving children may not begin until the child turns 18. In addition, judges’ primary concern is ensuring that a child’s interests are the top priority in any legal case.

When a minor is injured, there can be long-term consequences that may not be clear at the time of the accident. For example, some physical injuries can impact a child’s development, their education, or their future earning potential. It is crucial that long-term effects such as these are considered when determining the amount of compensation for an injured child. Personal injury claims involving minors in Connecticut generally include:

• Medical expenses. Both directly after the accident, ongoing, and projected future costs, like hospital visits, surgery, physical therapy, rehabilitation, and doctor visits.
• Pain and suffering. Also called non-economic damages, which seek to compensate the injured child for physical pain and emotional distress, as well as the impact on the child’s life.
• Permanent disability or disfigurement. Costs such as long-term care, assistive devices, or modifications to the lifestyle or home of the family.

It is important to consider the long-term consequences of a child’s injuries in any personal injury claim, so it is common to consult with medical professionals, child psychologists, and other experts to determine how the injury may impact the child’s future.

Settlements for Minors in Connecticut

A judge must approve any personal injury settlement involving a child to make sure that the interests of the child are being met. Connecticut courts review the settlement proposal, including how the funds are to be used or invested on behalf of the minor. In some cases, the court may order that the funds be placed in a trust or other type of secure account until the child turns 18 to make sure that the money is used appropriately and protected. This ensures the child’s future needs will be met.

FAQs

Can Parents Access a Minor’s Settlement?

In most cases, parents in Connecticut do not receive access to their child’s settlement funds without court approval. To access funds, the parent often has to show that the money will be used solely for the child’s benefit. Certain types of settlements are often used, such as blocked bank accounts, structured settlements, and minor settlement trusts. Your lawyer can help determine which might be the right choice for your situation.

What Is a Structured Settlement?

A structured settlement occurs when the court sets up structured payments for the injured person at specific milestones. Common milestones are ages 18, 21, and 25. It can be difficult to access money outside of these structured payments, and a formal petition must often be filed, along with any documentation to show a legitimate need. This ensures the money is saved for the child’s future needs.

What Evidence Is Needed for a Child in a Personal Injury Claim?

Evidence needed for a child in a personal injury claim includes anything related to medical or financial expenses due to the injury. This can include medical records, doctors’ notes, and diagnostic test results, as well as reports from medical experts that explain the injury and its long-term impact. Evidence may also include documentation of the scene and injury, witness statements, official reports, medical bills, and records of other expenses, and psychological evaluations.

Will My Child Have to Testify in Court?

In many cases, your child will not have to testify in court. It is often possible to avoid having a minor testify in court through alternatives such as video testimony or depositions. Your attorney can help you determine what makes the most sense in your case, given the circumstances, and advocate for your child’s best interests with the court.

Hire a Personal Injury Lawyer

When your child has been injured because of someone else’s carelessness, getting them the care and compensation they need can be overwhelming. Making sure that they have the funds they need for ongoing care now and in the future is a top concern. One of the most important steps you can take to safeguard your child’s future is to hire a personal injury lawyer to handle their case.

At Miller, Rosnick, D’Amico, August & Butler, our attorneys have focused on personal injury cases in Connecticut since 1968. We have extensive experience with Connecticut personal injury laws and a proven track record of favorable outcomes for our clients. If your child is dealing with a serious injury due to someone else’s negligence, we can help you maximize their settlement and safeguard their future. Contact our office today to discuss your case.