If your child was injured due to someone else’s negligence, they may be entitled to compensation to cover their damages. As a parent, you can file a personal injury lawsuit on behalf of your child in Maryland as long as you meet certain criteria. Adam Smallow Injury Lawyers has helped numerous families file child injury claims, and we’re here to break down what the law says about these unique cases.
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- Who Has the Right To File a Personal Injury Claim for a Child in Maryland?
- What Damages Can You Recover for Your Injured Child in Maryland?
- How Wrongful Death Claims Involving a Minor Work in Maryland
- How Long Do You Have To File a Personal Injury Claim for a Minor in Maryland?
- Get Trusted Help With Your Child’s Personal Injury Claim
Who Has the Right To File a Personal Injury Claim for a Child in Maryland?
Maryland law does not allow minors to file personal injury lawsuits on their own. Because a minor under 18 lacks legal capacity, child personal injury compensation is only available through an adult who has the authority to act on the child’s behalf.
The child’s parent or legal guardian is typically eligible to file and settle a claim for the child’s benefit under Maryland Code §19–113. When someone other than a parent or guardian wishes to file on behalf of a child, that person acts as the child’s “next friend” under Maryland Rule 2-202. However, any settlement that the next friend brings is not effective without the approval of the child’s parent or guardian.
State law does not limit the “next friend” role to a specific title or relationship. Instead, the court evaluates whether the individual has a legitimate interest in protecting the child. The next friend is often a close relative with an established relationship to the child, such as a grandparent, adult sibling, aunt, or uncle.
Can Both Parents File a Personal Injury Lawsuit on Their Child’s Behalf?
Whether both parents sue on behalf of their child depends on the child’s custody status.
If a minor is in one parent’s sole custody, that parent has the exclusive right to file a personal injury lawsuit on the child’s behalf for one year after the injury. During that one-year window, the noncustodial parent may not file the lawsuit.
If both parents have custody of the child, either parent may file the child’s personal injury lawsuit at any time.
Get on the road to recovery with competent legal representation and high-quality medical professionals. Contact our Maryland personal injury lawyer today.
What Damages Can You Recover for Your Injured Child in Maryland?
If someone else is at fault for your child’s injury, you can pursue compensation for the full range of financial, physical, and emotional losses they’ve suffered. Our personal injury lawyers may help you seek compensation for these damages and more on your child’s behalf:
- Past and future medical expenses
- Occupational therapy, physical therapy, speech therapy, or other services your child needs to address developmental challenges caused by the accident
- Lost earning capacity for the injury’s effects on your child’s ability to work in the future
- Disability-related expenses, such as the cost of mobility equipment or home accessibility modifications
- Pain and suffering, which covers both physical pain and emotional distress related to the injury
- Loss of enjoyment of life for the ways the injury affected your child’s ability to participate in activities they previously enjoyed, such as sports or hobbies
- Scarring or disfigurement
An injury in childhood can affect a person for the rest of their life. A fair personal injury settlement for a minor will reflect both the immediate harm and the injury’s long-term impact, shown through evidence such as consistent treatment records. Our team will consider the full extent of your child’s losses when calculating the value of their personal injury case.
How Wrongful Death Claims Involving a Minor Work in Maryland
When a child dies as a result of someone else’s negligence, Maryland law allows certain family members to pursue a wrongful death claim. While no amount of money can truly make things right after a child’s tragic death, this type of legal action can provide a sense of accountability while easing the financial burden of the loss.
In most cases, the child’s parents have the exclusive right to file a wrongful death claim. If the child has no surviving parents, no other adult may file a wrongful death claim. Maryland’s wrongful death law only makes exceptions for close relatives who depended financially on the deceased, and that situation is unlikely in the case of a child’s death.
How Long Do You Have To File a Personal Injury Claim for a Minor in Maryland?
The statute of limitations for minors is different from the standard filing deadline for most other cases in Maryland.
Under Maryland CJS § 5-101, the standard statute of limitations for personal injury claims is three years from the date of the injury. However, the state gives injured children more time to bring a personal injury claim than adults. A parent may file a claim on the child’s behalf at any time before the child turns 18.
Once the child reaches age 18, the right to file the claim belongs only to the injured child. The three-year deadline applies from that point under Maryland CJS §5–201. In most cases, this means a person has until their 21st birthday to file a personal injury lawsuit based on injuries they suffered as a minor.
Get Trusted Help With Your Child’s Personal Injury Claim
You have enough on your plate after your child suffers a serious injury. Parenting is demanding on its own, and an accident can add a whole new layer of stress and responsibility to your daily life. When you turn to our attorneys, we’ll handle every aspect of your case while you focus on caring for your child.
Adam Smallow Injury Lawyers fights for the best possible result for families across the Mid-Atlantic. We’re ready to guide you and your child on the road to recovery, starting with a free consultation. Contact us online or call 410-525-4242 to learn how we can help you file a personal injury lawsuit on behalf of your child in Maryland.
