Personal injury cases can be complicated, especially when the person hurt is a child. In Maryland, the law treats minors differently from adults when it comes to filing lawsuits, recovering damages, and receiving settlements. These differences are designed to protect children and ensure their rights are not overlooked.
Personal injury claims involving minors are subject to an extended statute of limitations – not starting until the victim turns 18. If your child was injured through someone else’s negligence, contact a Baltimore personal injury lawyer for help.
Who Is Considered a Minor?
In Maryland, a minor is anyone under the age of 18. Because minors are not legally allowed to make decisions in court, they cannot file lawsuits on their own. Instead, a parent or legal guardian must file the claim for them. This person is called a “next friend” or “guardian ad litem” in legal terms.
Once the child turns 18, they become a legal adult. At that point, they can take legal action themselves if the time limit to file hasn’t run out. This is important because some injuries may not show their full effects until years later. Maryland law gives minors extra time to make sure they are not denied justice simply because they were too young to act.
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What Is a Statute of Limitations for Personal Injury Claims?
A statute of limitations is the legal time limit for filing a lawsuit. In most Maryland personal injury cases, the limit is three years from the date of the injury. This means that if someone is hurt, they usually have three years to file a claim in court.
Special Rule for Minors
Maryland law gives minors more time to file a personal injury claim. According to MD Code, Courts and Judicial Proceedings § 5-201, the clock does not start ticking until the child turns 18. From that point, they have three years to file a lawsuit. So, if a child is injured at age 10, they have until age 21 to take legal action.
This rule helps protect children who may not understand their rights or who may not have someone to file a claim for them right away.
However, waiting too long can hurt the case. Evidence may be lost, witnesses may forget details, and the person responsible may no longer be able to pay damages. That’s why it’s smart to talk to a lawyer as soon as possible, even if the child is still young.
Who Pays for Medical Bills?
When a child is injured, parents are usually the ones who pay for medical care. This can include emergency room visits, surgeries, therapy, and follow-up appointments. Maryland law says parents can file a claim to recover these costs. But they must do it within three years of the accident, even if the child has more time to file their own claim later.
This rule comes from MD Code § 5-203(b)(1) of the Family Law Article. It says parents are responsible for their child’s care, including medical expenses. So they have the right to ask for money to cover those costs from the person who caused the injury.
It’s important to understand that the parents’ claim for medical bills is separate from a minor’s personal injury claim for pain, suffering, and other damages. If the parent misses the deadline, they may lose the chance to recover those costs, even if the child’s case is still valid.
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Filing a Lawsuit: Who Can Do It?
The person who can file a personal injury lawsuit depends on whether the child files it before or after they turn 18.
Before Age 18
If the child is still a minor, the personal injury claim must be filed by a parent or legal guardian. This person acts on the child’s behalf and makes decisions about the case. They work with the lawyer, attend court hearings, and approve any settlement offers.
In some cases, the court may appoint a guardian ad litem to make sure the child’s best interests are protected. This is especially common when there is a large settlement or when the parents may have a conflict of interest.
After Age 18
Once the child turns 18, they can file a lawsuit on their own. They can also take over a case that their parents started. If no claim was filed before, they still have time—up to age 21—to file a personal injury lawsuit.
This gives young adults a chance to seek justice for injuries that may have long-term effects, such as permanent scars, emotional trauma, or disabilities.
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Protecting the Child’s Settlement Money
Maryland law has special rules to protect money awarded to minors. If a settlement is $5,000 or more, the funds must be held in trust until the child turns 18. This is to make sure the money is used for the child’s benefit and not taken by someone else.
In some cases, the court may require the money to be placed in a restricted bank account or structured settlement. This means the child will receive payments over time, rather than all at once. These rules help prevent misuse or theft of the funds and ensure the child has financial support when they need it most.
Which Personal Injury Lawyer Should You Choose for Cases Involving Minors
Minors can be hurt in many ways. Some lawyers who focus on specific personal injury cases include:
- Baltimore car accident lawyers – Children may be passengers, pedestrians, or bicyclists involved in crashes.
- Baltimore bicycle or pedestrian accident lawyers – These often happen near schools, parks, or residential areas.
- Baltimore dog bite lawyers – Children are more likely to be bitten because they may not know how to act around animals.
- Baltimore playground injury lawyers – Faulty equipment or lack of supervision can lead to serious harm.
- School-related accidents – Injuries may occur during sports, field trips, or classroom activities.
- Baltimore medical malpractice lawyers – Mistakes made by doctors or nurses can affect a child’s health for life.
What Should Parents Do?
If your child is hurt because of someone else’s actions, here are some steps to take:
- Get medical help right away. Your child’s health and safety come first.
- Keep records of everything. Save medical bills, doctor’s notes, photos of injuries, and any communication with insurance companies.
- Talk to a lawyer. Choose someone who understands Maryland law and has experience with cases involving minors.
- Act quickly. Even though minors have extra time to file, parents have deadlines too. Don’t wait to get legal advice.
It’s also helpful to keep a journal of how the injury affects your child’s daily life. This can include missed school days, emotional changes, or physical limitations. These details can support your case and help show the full impact of the injury.
Experienced Baltimore Personal Injury Lawyers Serving Maryland
Personal injuries can be life-changing—especially when they happen to children. From physical pain and emotional trauma to long-term medical care and financial stress, young victims often face challenges that affect their development and future well-being.
At The Bishop Law Group, we understand the unique legal and emotional complexities involved in cases where minors are injured, and we’re committed to helping families seek justice and secure the compensation their children deserve.
Whether your child was hurt in a car accident, a school-related incident, a dog attack, or due to someone else’s negligence, our experienced Baltimore personal injury attorneys are here to guide you through every step of the legal process. We work closely with parents and guardians to protect the rights of injured minors and ensure their recovery is supported—physically, emotionally, and financially.
Call us today to schedule your free consultation. We proudly serve families throughout Maryland, including Baltimore, Ocean City, and surrounding communities.
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