Minor children do not have the legal capacity to bring a lawsuit on their own. Any time a lawsuit needs to be brought for injuries caused to a child, such as by a negligent doctor or driver, the suit must be filed by a competent adult, who may be the child's parent, guardian, or even a person called the child's "next friend," which just means anyone with an interest in the child's welfare.
Although the attorney retained by the parent or guardian is often able to protect both the parent's interests and the child's interests at the same time, he or she is technically the adult's lawyer. However, when the attorney, the court, or the involved adult thinks it appropriate, the court may appoint another lawyer to represent the child.
This other lawyer who has been appointed to represent the child is generally referred to as the child's "attorney ad litem." An attorney ad litem is not hired by the parents and thus is free to act on the child's behalf. Generally, the responsibilities of the attorney ad litem include investigating the child's claims, reporting back to the court about what this investigation reveals, and making sure that the child has an effective advocate.
A court often appoints an attorney ad litem to represent a child if there is a conflict between the interests of the adults and the interests of the child, such as in automobile accident cases where both the parents and the child are badly injured but the defendant has only limited insurance coverage. Other kinds of cases where an attorney ad litem may be appointed include foster-care proceedings involving a child, some kinds of inheritance and contested custody cases.
Like all lawsuits, suits brought on behalf of children are subject to statutes of limitations, which are laws that limit how long you may wait before bringing a legal claim against another person. Generally, the statute of limitations in a personal injury or consumer law case is two years, while the statute of limitations in a contract case is generally four years.
Because children cannot file lawsuits on their own behalf, the statute of limitations on a child's claims are "tolled" (suspended) while the child is a minor. In these cases, if the parent or guardian does not bring a suit on the child's behalf, the statute of limitations on the child's claim does not begin to run until the child becomes an adult at age 18. Thus, if a child is injured in a car accident during his or her minority, he or she would have the right to file suit until he or she turned 20--two years past his or her 18th birthday.
Remember, if you need a personal injury lawyer, Dan Street at the STREET LAW FIRM is here for you. Contact our legal staff if you'd like a free no-obligation consultation about your case.
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