This article was updated: July 20th, 2026

If your child has been injured because of someone else’s negligence, you may wonder what happens next.

Can you start a lawsuit?

Can you accept a settlement?

Who makes decisions for your child?

The good news is that, in most cases, a parent or legal guardian can bring a personal injury claim on behalf of a child.

Children usually cannot start a lawsuit on their own. Instead, an adult acts for them during the legal process and makes decisions that are in the child’s best interests.

This guide explains how claims involving children work, who can bring a lawsuit, how settlements are handled, and what parents should know before making important legal decisions.

Can a Parent Sue on Behalf of Their Minor Child?

Yes.

In most personal injury cases, a parent or legal guardian can bring a claim on behalf of a child. This allows the child’s legal rights to be protected while they are still a minor. The lawsuit belongs to the child, not the parent.

However, because children generally cannot make legal decisions for themselves, an adult must manage the case until it is resolved. This adult is often called a litigation guardian.

Although the name sounds formal, the role is simple. The litigation guardian makes legal decisions for the child throughout the claim.

What Is a Litigation Guardian?

A litigation guardian is the adult who acts for a child during a lawsuit.

In many cases, this is one of the child’s parents. Sometimes another guardian or responsible adult may take on this role.

The litigation guardian works with the child’s lawyer throughout the case. Their job is to protect the child’s interests and make decisions that are in the child’s best interests.

Some of their responsibilities may include:

  • Hiring a lawyer
  • Giving instructions during the claim
  • Reviewing settlement offers
  • Making legal decisions
  • Keeping the child’s interests first

The litigation guardian does not receive compensation personally because of the child’s injury. Instead, they help protect the child’s legal rights until the case is finished.

When Can a Parent Bring a Personal Injury Claim?

Parents may be able to bring a claim whenever their child has been injured because of someone else’s negligence.

Examples include:

  • Motor vehicle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Dog bites
  • Playground injuries
  • School injuries
  • Swimming pool accidents
  • Sports injuries
  • Slip and fall accidents
  • Medical malpractice

Every accident is different. The important question is whether another person or organization may have been legally responsible for the child’s injuries. If so, a personal injury claim may be available.

What Compensation Can a Child Receive?

Every case is different. The amount of compensation depends on the child’s injuries and how those injuries affect their life.

Depending on the circumstances, compensation may be available for:

  • Pain and suffering
  • Medical expenses
  • Future care costs
  • Rehabilitation
  • Lost future earning capacity
  • Out-of-pocket expenses
  • Other losses recognized by law

Children often have many years of recovery ahead of them. Because of this, it is important to understand how an injury may affect their future as well as their current needs.

Some injuries do not fully develop until months or even years after the accident. A settlement reached too early may not fully reflect the long-term impact of the injury. For that reason, parents should carefully consider the medical evidence before resolving a child’s claim.

How Long Do You Have to Start a Claim for a Child?

The time limit for a child’s personal injury claim is often different from the time limit that applies to adults.

In many cases, the limitation period does not begin until the child reaches the age of majority. However, the rules are not the same in every province. The deadline may depend on where the accident happened and the facts of the case.

Because limitation periods are important, parents should speak with a personal injury lawyer as soon as possible after an accident.

Even if there is still time to start a claim, acting early can help protect important evidence.

Should You Wait Before Starting a Claim?

Sometimes.

Some injuries are easy to understand soon after an accident. Others take much longer to fully develop. For example, a child may appear to recover well at first. Months or years later, they may continue to experience pain, limited movement, or other long-term problems.

In some cases, doctors cannot predict the full impact of an injury until the child gets older. This is one reason why children’s claims require careful planning.

Starting a claim early does not always mean settling it quickly. In many cases, the claim can move forward while doctors continue to monitor the child’s recovery. This gives everyone a better understanding of the child’s long-term needs before the case is resolved.

What Happens to the Settlement Money?

Many parents wonder who receives the money if a child’s claim settles.

In most cases, the compensation belongs to the child. Parents cannot simply spend the settlement money however they wish.

The court has a duty to protect the child’s interests. Depending on the circumstances, the money may:

  • Be paid into court until the child becomes an adult
  • Be placed into a trust
  • Be invested for the child’s future
  • Be used for approved medical treatment, rehabilitation, education, or other expenses that benefit the child

The exact process depends on the province and the circumstances of the case. The goal is always to make sure the compensation is protected for the child’s benefit.

Does a Judge Have to Approve the Settlement?

Often, yes.

Unlike most adult settlements, settlements involving children usually require court approval. A judge reviews the proposed settlement to decide whether it is in the child’s best interests.

The judge may consider:

  • The child’s injuries
  • Medical evidence
  • Future treatment needs
  • The amount of compensation
  • Legal fees
  • Whether the settlement is fair

If the judge believes the settlement does not properly protect the child’s interests, they may refuse to approve it. This extra step helps ensure that children receive fair compensation.

Can a Child Be Asked to Testify?

Sometimes. If a child’s claim goes to trial, the child may be asked to give evidence.

Whether this happens depends on several factors, including the child’s age, maturity, and the issues in dispute. Not every child will need to testify. If they do, the court will often try to make the experience as comfortable as possible. Parents can help by explaining the process in simple language.

It is also important for children to understand that they should answer truthfully. If they do not know the answer to a question, it is okay to say, “I don’t know.” Children should never feel pressured to guess or make up an answer.

An experienced personal injury lawyer can also help prepare a child if testimony is necessary.

What Evidence Can Help a Child’s Claim?

Strong evidence is important in every personal injury case. Parents can help protect their child’s claim by gathering information as early as possible. Helpful evidence may include:

  • Medical records
  • Hospital records
  • Photos of injuries
  • Photos of the accident scene
  • Witness names and contact information
  • Police reports, if one was prepared
  • School records showing how the injury affected the child
  • Receipts for medical expenses or rehabilitation

It is also helpful to keep a journal. Write down how the injury affects your child’s daily life.

For example, note changes in:

  • Pain levels
  • Sleep
  • School attendance
  • Sports or activities
  • Mood
  • Mobility

Over time, these notes can help show how the injury has affected your child’s life and recovery.

What Mistakes Should Parents Avoid?

Parents naturally want to do what is best for their child. However, there are a few common mistakes that can affect a personal injury claim. Knowing what to avoid can help protect your child’s rights.

1) Settling the Claim Too Soon

One of the biggest mistakes is settling before the full extent of the child’s injuries is known. Children are still growing, and some injuries may not become clear until months or even years after the accident.

For example, an injury that seems minor at first may later affect growth, mobility, learning, or future employment. A settlement should reflect both your child’s current needs and any future care they may require.

2) Missing Medical Appointments

Medical records are an important part of every injury claim. If your child misses appointments or stops treatment without a good reason, it may become harder to show how serious the injury is. Follow your healthcare provider’s recommendations and keep copies of important medical records.

3) Throwing Away Important Documents

Keep everything related to the accident in one place.

This may include:

  • Medical records
  • Receipts
  • Insurance letters
  • Emails
  • Photographs
  • School reports
  • Rehabilitation invoices

Good records can make it easier to prove your child’s losses later.

4) Accepting an Insurance Offer Too Quickly

Insurance companies sometimes make settlement offers early in a claim. Before accepting an offer, make sure you understand what it covers.

Once a settlement is approved, it is often difficult or impossible to ask for more compensation later. Having a lawyer review the offer can help you understand whether it is fair.

Why Should You Hire a Personal Injury Lawyer?

Claims involving children are often more complicated than other personal injury cases. A lawyer can help protect your child’s rights from the beginning of the claim. They can also help make sure important evidence is collected before it is lost.

A personal injury lawyer can:

  • Investigate the accident
  • Gather medical records
  • Speak with witnesses
  • Work with medical experts
  • Calculate the child’s losses
  • Negotiate with the insurance company
  • Represent your child in court if necessary

Perhaps most importantly, a lawyer can help ensure that any settlement reflects both your child’s current injuries and any future needs.

How NOVA Injury Law Can Help

When a child is injured, your focus should be on their recovery. You should not have to deal with insurance companies or complicated legal procedures on your own.

At NOVA Injury Law, we help families across Atlantic Canada understand their rights after a child has been injured because of someone else’s negligence.

Our team can investigate the accident, gather evidence, explain your legal options, and help protect your child’s interests throughout the claims process.

Whether your child’s injuries resulted from a car accident, a playground injury, a dog bite, medical malpractice, or another accident, we are here to help.

If you have questions about bringing a personal injury claim on behalf of your child, contact NOVA Injury Law for a free consultation.

Final Thoughts

Yes, a parent can usually sue on behalf of their minor child.

Because children cannot normally manage their own lawsuit, a parent or another responsible adult can act as a litigation guardian and make decisions that are in the child’s best interests.

Children’s injury claims are different from adult claims.

Settlement money is usually protected for the child’s benefit, and many settlements must be approved by a judge before they become final.

Because a child’s injuries may continue to develop over time, it is important to understand the long-term impact of the accident before settling a claim.

If your child has been injured because of someone else’s negligence, speaking with an experienced personal injury lawyer can help you understand your options and protect your child’s future.

This article is for informational purposes only and does not constitute legal advice.