Legal cases for children follow special rules. Alabama law says a child is not old enough to make those legal choices. So, when a child is injured in an accident, a parent or legal guardian must lead the case.
A judge usually has to approve a child’s personal injury settlement before it is final. This step is required to ensure the money is sufficient to cover medical bills and the child’s pain. It also ensures that the money is kept safe until the child turns 19.
At Hunter | Everage, our experienced Montgomery personal injury lawyers assist families in Montgomery with the entire process. We work to ensure that every personal injury settlement minor child case protects the child’s long-term interests.
What Are Child Personal Injury Settlements in Alabama?
A minor personal injury settlement is a legal agreement to resolve a claim for a child who was hurt by someone else’s negligence. Because a minor cannot file a lawsuit, a parent or legal guardian must start the process.
The settlement covers the physical, emotional, and financial harm the child suffered. Unlike adult cases, the money from a personal injury settlement in a minor child case belongs to the child, not the parents. While parents can recover money for the medical bills they paid, the portion for pain and suffering is held for the child’s future.
Common Causes of Personal Injury Claims Involving Children
Children face risks in many places, from the busy roads to local parks and schools. Here are some common causes of personal injury claims involving children.
- Car Accidents: This is the most common cause. A child riding as a passenger, walking near a road, or cycling can be seriously injured by a negligent driver.
- Dog Bites: Alabama has specific laws regarding dog owner liability. Many of these injuries happen to young children.
- Bicycle and Pedestrian Accidents: Kids playing near the street or riding bikes to school are at risk of being hit by distracted drivers.
- Premises Liability: This includes slip-and-fall accidents in stores or injuries at unsafe apartment complexes.
- Defective Products: Toys, car seats, or household items that fail can cause life-changing harm to a minor.
- Daycare Injuries: When a facility fails to supervise a child or maintain a safe playground, the child may suffer a serious injury.
How Does a Minor’s Personal Injury Claim Work in Alabama?
The process starts when a parent or legal guardian files a claim against the at-fault party. A parent has the legal authority to file on behalf of a minor child, but settlement decisions are subject to judicial oversight.
The typical steps include:
- Filing the Claim or Lawsuit: The parent, as “next friend” of the child, files the claim. This is a formal legal designation recognized by Alabama courts.
- Investigation and Evidence Gathering: Medical records, accident reports, witness statements, and expert opinions are collected to build the case.
- Negotiation with the At-fault Party’s Insurer: Most child injury cases resolve through negotiation before trial, but having a lawyer with trial experience strengthens your position during these discussions.
- Court Approval of the Settlement: Once terms are agreed upon, a judge must review and approve the agreement to confirm it is in the child’s best interest.
Does a Judge Have to Approve My Child’s Settlement in Alabama?
Yes, a judge must approve the settlement if it is over a certain amount. While Alabama law allows for some very small settlements to be handled without court, most lawyers and insurance companies require court approval for any significant amount.
During the hearing, the judge will ask about the child’s recovery. They want to know if the child has finished medical treatment and if there are any permanent scars or disabilities. The judge’s main job is to act as a protector for the child. They will review the attorney fees and medical liens to ensure the child receives a fair share of the money.
How Is My Child’s Settlement Money Protected in Alabama?
Since the money belongs to the child, the court will not let the parents spend it on household bills or personal items. The judge will order the money to be protected until the child reaches the age of 19. There are a few ways the court does this:
Blocked Accounts
The money is placed in a high-interest bank account. The bank is told that no one can withdraw the money without a written order from a judge.
Annuities (Structured Settlements)
The money is used to buy an insurance product that pays out in the future. For example, it might pay for college when the child is 18 or give them a lump sum at ages 21 and 25.
Special Needs Trusts
If the child has a permanent disability and needs government benefits, a trust can hold the money so they do not lose their eligibility for help.
Conservatorship
For very large settlements, the court may appoint a conservator to manage the money under court supervision.
How Long Do You Have to File a Personal Injury Claim for a Child in Alabama?
Usually, Alabama has a two-year statute of limitations for minor personal injury cases. But Alabama Code § 6-2-8 provides a “tolling” period for minors.
This means the two-year clock typically does not start until the child turns 19. In theory, a child hurt at age 10 could wait until they are 21 to file a lawsuit. However, waiting is usually a bad idea. Evidence disappears, and witnesses forget what happened. It is best to start the case while the child is still young and the facts are fresh.
How Much Is My Child’s Personal Injury Case Worth?
The value of a minor personal injury settlement depends on several factors. No two cases are the same. A child hurt in a wreck will have a different case value than a child bitten by a dog.
The value is determined by:
- The severity of the injury.
- The amount of the medical bills.
- Whether the child has permanent scarring.
- The amount of insurance coverage available.
- The clarity of who was at fault.
We look at how the injury will affect the child’s entire life. A scar on a child’s face may be worth more than a scar on their leg because it can affect their self-esteem and social life for decades.
Why You Need a Montgomery Personal Injury Lawyer for Your Child’s Case
Parents who try to handle a child’s injury claim without legal help often leave money on the table. Insurance companies know that unrepresented families are less likely to understand the full value of their claims or to push back against lowball offers.
A Montgomery personal injury lawyer with experience in children’s injury cases knows how to document damages, handle the court approval process, and protect the child’s financial future. Local knowledge matters too. An attorney familiar with Montgomery County Circuit Court judges and local defense attorneys has practical advantages that out-of-town firms do not.
Contact a Montgomery Personal Injury Lawyer
If your child has been injured and you need guidance on child personal injury settlements, reach out to the attorneys at Hunter | Everage. Our team handles the paperwork, the court hearings, and the insurance companies so you can focus on your child’s recovery. Contact us at 704-377-9157 to request a free case review.
