When a child is injured because of someone else’s negligence, the emotional toll on a family is immediate and overwhelming. On top of medical decisions and recovery, parents are often left wondering how the legal process works when the injured person is a minor.
In Wisconsin, personal injury claims involving minors come with unique legal requirements and court oversight. Understanding these rules can help parents protect both their child’s rights and their financial future.
Can a Minor File a Personal Injury Claim?
Under Wisconsin law, a minor (someone under 18 years old) cannot file a lawsuit on their own. Instead, a parent or legal guardian must act on the child’s behalf.
Additionally, most Wisconsin courts require a guardian ad litem (an attorney who represents not the child themselves, but their best interests) to be involved in the process.
The child is still the injured party, but adults must handle the legal proceedings.
The Statute of Limitations Is Different for Minors
One important difference in cases involving minors is the statute of limitations. In most Wisconsin personal injury cases, the statute of limitations is three years from the date of injury. However, when the injured person is a minor, the timeline may be extended. In many situations, a minor has until two years after turning 18 to file a claim (though exceptions apply depending on the type of case).
Even with extended deadlines, it is rarely wise to delay. Evidence disappears, memories fade, and insurance companies begin building their defense immediately.
Who Is Entitled to Compensation?
In minor injury cases, compensation can be divided into different categories:
The Child’s Claim
The child may recover damages for:
• Medical expenses
• Pain and suffering
• Permanent injury or disability
• Future medical expenses
• Future loss of earning capacity
The Parents’ Claim
Parents may have a separate claim for:
• Medical expenses incurred before the child turns 18
• Loss of the child’s services (in limited circumstances)
Understanding how these claims interact is critical to properly structuring a settlement.
Court Approval of Minor Settlements in Wisconsin
One of the most significant differences in minor injury cases is the requirement for court approval of settlements. Wisconsin courts often require judicial approval for settlements involving minors, especially when the settlement amount exceeds a certain threshold. The purpose is to ensure that the settlement is fair and reasonable, the child’s interests are protected, and funds are preserved for the child’s benefit
The court may review medical records, attorney fees, and the proposed distribution of funds before approving the agreement. Without proper approval, a settlement may not be legally binding.
How Are Settlement Funds Handled?
Courts are particularly protective of settlement funds belonging to minors. Depending on the amount and circumstances, funds may be:
• Placed in a restricted bank account
• Held in a trust
• Structured as a structured settlement annuity
• Managed through a guardianship of the estate
In most cases, the money cannot be accessed until the child turns 18 without court approval. This safeguard ensures that funds intended for the child are in fact enjoyed by the child once they reach the age of majority.
Guardianship and Guardian ad Litem Issues
In many cases, the court will appoint a guardian ad litem (GAL). A GAL is an independent attorney appointed to represent the child’s best interests.
The GAL’s role may include:
• Reviewing settlement terms
• Ensuring attorney fees are reasonable
• Confirming that funds are properly protected
While this adds another layer to the process, it is designed to ensure the child’s long-term well-being.
Why Minor Injury Cases Require Careful Handling
Insurance companies sometimes assume that parents are eager to resolve a case quickly, especially when medical bills are mounting. Early settlement offers may not account for:
• Future surgeries
• Long-term therapy needs
• Permanent scarring or disability
• Emotional trauma
• Future earning impairment
Because a child’s body and brain are still developing, the full extent of an injury may not be immediately clear. Accepting a settlement too early can permanently limit your child’s recovery options.
Protecting Your Child’s Future
Personal injury claims involving minors are about more than compensation, they are about safeguarding a child’s long-term health, stability, and opportunity.
If your child has been injured in an accident in Wisconsin, working with an experienced personal injury attorney can help you:
• Navigate guardianship requirements
• Ensure proper court approval
• Structure settlements to protect long-term interests
• Fully evaluate future damages
When it comes to children, the legal system provides extra protections for a reason. Making sure those protections are properly followed can make all the difference in securing your child’s future.