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Can a Car Accident Lawyer Represent Kids?

injury attorney for teens

No one ever wants to get into a car accident. The trauma of a car accident can turn a person’s life upside down. So can the subsequent hospital bills and legal issues. 

Fortunately, most adults can find an attorney to help deal with these challenges. Yet motor vehicles accidents often include children too. The CDC found that almost 100,000 children under the age of 12 were injured in motor vehicle accidents in 2018.

If your child has been involved in a motor vehicle accident, you might be wondering whether a car accident lawyer can represent them.

Can a Car Accident Attorney Represent a Child Involved in a Car Accident?

It depends. In most states, anyone younger than the “age of majority”—usually 18—is a “minor.” Minors have limited rights under the law. Whether attorneys can represent a minor depends on various factors. These factors include the minor’s age, their family situation, and the circumstances of the case. The specific laws also vary from state to state.

When Can an Attorney Represent a Child Who Has Been in a Car Accident?

A minor does not have the right to bring a lawsuit against someone else. However, their parents can bring a lawsuit on their behalf. Therefore, if a child is in a car accident, their parents will often hire an attorney to represent them. The parents and the attorney will then work together to represent the child’s best interests throughout the lawsuit. 

But what if a minor’s parents are dead, absent, or incapable of caring for them? When this happens, the minor can wait until they become 18 to bring a claim relating to the car accident. The law affords a minor special protection in this situation. 

Statute of Limitations Protections for Children in Car Accidents

Normally, the law requires injured parties to bring a lawsuit within a certain time frame called the statute of limitations. This period usually lasts a few years and begins on the day of the car accident. Yet the statute of limitations for a minor injured in a car accident does not begin running until they turn 18. This means that a child who has an injury from a car accident can wait until they become an adult to bring a claim without worrying that their claim will be barred, even if they were very young at the time of the accident. 

Other Judicial Protections for Children 

In other situations, a judge can appoint a special lawyer to represent the minor’s interests. This kind of lawyer is called an “attorney for the minor child.”  A judge can also appoint a “guardian ad litem” to investigate and promote the child’s best interests throughout a certain case. Guardians ad litem usually do not serve as a lawyer for a minor. Instead, they act more as an investigator or advisor. Depending on the laws of the state, guardians ad litem can be attorneys, laypersons with specialized knowledge, or even volunteers. 

As you can see, the laws surrounding legal representation after car accidents are complex. If your child suffered an injury in a car accident, you can protect your interests by contacting a skilled car accident attorney.