When a Colorado injury lawsuit involves a minor, it usually means that a child and their parents have endured a scary and challenging experience. If you’re a parent, a serious injury to your child is likely one of your worst nightmares. Even though you spend so much time trying to protect your children and keep them safe, tragic accidents still can happen.
When an accident involving a child does happen, you want to make sure you and your child have the necessary resources to help them recover and get back on track for the bright future that lies ahead of them.
Child Injury Cases Are Unique
The unique situation of your child’s injury may mean filing a personal injury lawsuit so you and they can receive compensation from the party that caused their injury. But just as minors don’t have the legal capacity to sign contracts, get married, or do so many other things adults can do, minors can’t file lawsuits in Colorado. Their parents or guardians must do so on their behalf.
Minors are also not permitted to manage any financial compensation from a judgment or settlement in a personal injury lawsuit. This and the above are two ways that a personal injury lawsuit involving a minor is different from suits brought by adults.
If your child suffered injuries in a car accident or any other incident involving another person’s negligence, you will want to retain an experienced Colorado Springs personal injury attorney who can navigate the unique issues and concerns involved in these claims.
Failing to follow the specific rules involved when a personal injury lawsuit involves a minor, as well as the rules that apply upon settlement and the recovery of compensation, can delay or interfere with your receipt of the funds you and your child need and deserve.
Contacting a personal injury attorney should be the first thing you do when it comes to a lawsuit for your child’s injuries. Read on to learn what else you need to know and what you should do.
Common Types of Child Injuries
When an injury lawsuit involves a minor in Colorado Springs, certain types of accidents and injuries occur more frequently than others. Understanding these common scenarios can help parents recognize when they may have a valid claim.
School-Related Accidents
Children spend much of their time in educational settings where accidents can happen. While not all school injuries result from negligence, those caused by inadequate supervision, defective equipment, or unsafe conditions may warrant legal action.
Traffic Incidents
The busy intersections along Powers Boulevard and Academy Boulevard present particular dangers for children walking, cycling, or traveling as passengers. When drivers fail to observe school zones or drive recklessly near areas where children are present, they can be held responsible for any resulting injuries.
Related: Planning a Summer Road Trip? Top 10 Causes of Truck Accidents in Colorado and How to Avoid Them
Dog Bites and Animal Attacks
Dog bites disproportionately affect children and often lead to cases where an injury lawsuit involves a minor. Colorado’s dog bite statute holds owners strictly liable when their animals cause serious bodily injury, regardless of the animal’s previous behavior.
Premises Liability Cases
These may include injuries at local businesses, shopping centers, or private homes where unsafe conditions weren’t addressed. Property owners have an increased responsibility to ensure the safety of others, especially when children are likely to be present. This duty of care makes these cases highlights the need for an experienced Colorado Springs premises liability attorney.
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The Emotional Impact on Families
When an injury lawsuit involves a minor, the emotional consequences extend far beyond the physical injuries. At King & Beaty, we understand that these cases affect the entire family unit and require special consideration.
Child Trauma and Recovery
Children who suffer serious injuries often experience psychological trauma that can manifest in various ways. Anxiety, depression, post-traumatic stress, and fear are common responses. A child injured in a bicycle accident might develop a fear of outdoor activities. A student hurt in a school bus accident might struggle with anxiety about transportation. These emotional impacts deserve recognition and compensation.
Parent and Sibling Effects
Parents and siblings also bear emotional burdens when an injury lawsuit involves a minor. Parents often experience guilt, even when the accident wasn’t their fault, along with anxiety about their child’s future prospects. Siblings may feel neglected as parents necessarily direct attention toward the injured child. The family dynamic undergoes significant strain during these difficult times.
At King & Beaty, we believe in addressing these emotional impacts head-on. We work with families to document the full spectrum of damages, including psychological assessments that quantify emotional suffering. We connect our clients with appropriate counseling resources while building these emotional components into our comprehensive approach.
Remember that Colorado law recognizes emotional distress as compensable damage. When your injury lawsuit involves a minor, these non-economic damages often represent a significant portion of your child’s claim.
Filing a Lawsuit for Your Child
As noted, as parents of an injured child, you are responsible for hiring a personal injury lawyer and deciding to file lawsuit on their behalf. Parents have the right to seek compensation on their child’s behalf for damages including pain and suffering, reduced future earning potential, and any lasting disabilities.
Additionally, under Colorado law, parents can maintain what’s called a “derivative action” for certain types of damages they incur as a result of their child’s injury. Damages may cover past and future medical costs, rehabilitation expenses, and the loss of services or income the child could have earned prior to turning 18. Both the claim on behalf of the child and the parents’ derivative claims can be part of the same lawsuit.
Court Approval for Settlements
When parents file a personal injury lawsuit on their child’s behalf, they also must act at all times in the best interest of the child when making decisions, including whether to settle the case and for how much. A parent must make the best decision for the child because Colorado law considers the money recovered in the lawsuit to be the child’s property.
Accordingly, Colorado law requires judges to ensure that any settlement reached on the child’s behalf proves fair and that those put in charge of the funds properly handle them for the child’s benefit.
The process of obtaining a judge’s required approval for the settlement when an injury lawsuit involves a minor is called “Compromise Of A Minor’s Claim.”
The parents or guardians of the injured child must file a petition with the court to approve the settlement and provide notice of their petition to all interested parties. The judge will then hold a hearing to decide as to whether the proposed settlement is in the best interests of the child under the circumstances. If the judge determines that the amount of the settlement, as well as its structure, meets that standard, they will approve it.
Settlement Structure Options
The proceeds from an approved settlement can take different forms, but the settlement when an injury lawsuit involves a minor won’t simply be a check written to the parents with no strings attached.
Since any recovered proceeds are technically the child’s, Colorado’s laws place limits on what parents can do with the funds and how and when the money can be accessed prior to the child turning 18. Sometimes, the court establishes guardianship or conservatorship for the proceeds, or the court may appoint a professional third party to manage the funds. The funds can be held in a restricted account, a trust, or an annuity.
Evidence Collection Tips
Building a strong case when an injury lawsuit involves a minor requires meticulous documentation and evidence preservation. This process is often more complex than in adult cases because children may struggle to articulate their experiences and symptoms.
Medical Documentation
Start by creating a comprehensive record of all medical care your child receives. Keep detailed notes about treatments, medications, and your child’s response. Maintain a folder with all medical reports, test results, and bills. This documentation forms the foundation of your case.
Visual Evidence
Photograph your child’s injuries regularly to document healing progression. These visual records can powerfully demonstrate the physical suffering your child endured. Be sure to document any visible emotional distress as well—changes in behavior, sleep disturbances, or anxiety symptoms that develop after the incident.
Incident Reports
When an injury lawsuit involves a minor being hurt at school, you should obtain incident reports, witness statements, and any relevant school policies. If the injury occurred at a Colorado Springs business or public venue, request surveillance footage before it’s deleted. Most businesses only preserve security recordings for 30-90 days, making prompt action essential.
Daily Impact Journal
Keep a daily journal detailing how the injury affects your child’s daily life. Note missed school days, inability to participate in beloved activities, and any changes in academic performance or social interactions. These details help quantify the non-economic damages that often form a substantial portion of cases where an injury lawsuit involves a minor.
At King & Beaty, we understand the importance of preserving evidence specific to childhood injury cases. We’ll help you gather the documentation needed to build an irrefutable case for your child’s full compensation.
Related: How to Document Your Injuries For a Stronger Personal Injury Claim in Colorado Springs
Filing Time Considerations
Colorado law considers minors to be “persons under disability,” and therefore, they cannot file lawsuits on their own behalf. However, being a person under disability also means that the statute of limitations within which their parents or guardians must file a lawsuit begins on the child’s 18th birthday, not before.
Except for car accident injury lawsuits, the statute of limitations for most Colorado personal injury lawsuits, such as medical malpractice, premises liability, and product liability, is two years. The limitation period for car accident lawsuits is three years. Instead of starting from the time of the accident as they would for injuries involving adults, this statute of limitations starts from the time the child turns 18.
Contact King & Beaty Today
Parents do not need to nor should they wait until their child is 18 before pursuing a claim for compensation on behalf of their child. The sooner you reach out to our personal injury team in a lawsuit that involves a minor, the sooner they can begin legal efforts, and the sooner you can obtain the money and resources you and your child need and deserve.
As experienced Colorado Springs personal injury attorneys, we understand the pain and suffering, struggles, and challenges that children and parents both share after a serious accident. We fight tenaciously for our clients, ensuring they receive the maximum amount of compensation available for their injuries.
When your injury lawsuit involves a minor, you need a Colorado Springs personal injury lawyer who can help you navigate the legal complexities and emotional realities of these problematic situations. At King & Beaty, we stand ready to protect your child’s rights and secure their future. Schedule your free consultation today.
Updated: May 26, 2025 | Originally Posted: October 12, 2020
