A child under the age of 18 cannot file their own lawsuit in Indiana. On the minor child’s behalf, a parent or guardian may file a claim for a personal injury settlement. Any child under the age of seven is presumed incapable of fault. Children between the ages of eight and 13 are likewise incapable of fault.
However, children ages 14 to 18 can potentially be charged as adults. In children’s personal injury cases, the statute of limitations is extended. Ordinarily, an injured party has two years after the incident to file a claim. Since children are not able to file claims on their own, the statute of limitations does not necessarily apply until the child turns 18.
If you have specific questions on how long you have to file a claim on behalf of a child, we recommend consulting with an experienced personal injury attorney. The personal injury attorneys at WKW offer free consultations.