Mistakes Parents Make When Pursuing a Slip and Fall Claim After Their Child Is Injured

April 18, 2026 | Posted in Uncategorized

When a child gets hurt because of someone else’s negligence, the instinct is to focus entirely on the child’s recovery. That’s the right priority. But the legal process that runs alongside that recovery has rules, deadlines, and requirements that most parents don’t know about, and overlooking them can have lasting financial consequences for the child.

Our colleagues at Fogelman Law LLC work with families in exactly these situations, and the same gaps in understanding come up consistently. A slip and fall injury lawyer handling a child’s injury claim will tell you the process looks similar to an adult case on the surface but operates quite differently underneath. Here is what parents most often get wrong.

Assuming the Timeline Is the Same as an Adult Claim

It isn’t. In most states, the statute of limitations for a minor’s personal injury claim is tolled, meaning paused, until the child reaches the age of majority, typically 18. At that point, a new window opens during which the now-adult child can pursue the claim independently.

But this rule varies by state and by claim type, and it doesn’t mean there’s no urgency. Evidence disappears. Witnesses relocate. Records get harder to access over time. State injury filing deadlines differ meaningfully, and some exceptions shorten the window considerably, particularly for claims involving government entities or public schools. Waiting because the deadline seems far away is a genuine risk.

Accepting a Settlement Without Court Approval

This is one of the most consequential mistakes parents make, and one of the least known. In most states, any settlement of a personal injury claim on behalf of a minor requires court approval before it becomes binding. A parent cannot simply sign a release on a child’s behalf and close the claim.

The court’s role is to protect the child’s interests by confirming that the settlement is fair and that the funds will be managed appropriately until the child reaches adulthood. Settlements reached without that approval may be challenged later, and the insurer who paid may not be fully protected from future claims if the process wasn’t followed correctly.

A personal injury attorney handling a child’s claim should manage this process as a matter of course.

Not Accounting for Long-Term and Future Damages

Children have long futures. An injury that causes permanent impairment, developmental disruption, or lasting cognitive or physical limitation carries a longer damage horizon than the same injury sustained by a 50-year-old.

Future damages that are frequently undervalued in child injury claims include:

• Long-term medical treatment and rehabilitation costs extending into adulthood
• Educational support, tutoring, or specialized schooling required by the injury
• Diminished earning capacity across a full working lifetime
• Ongoing therapy, both physical and psychological
• The impact of permanent scarring or disfigurement on quality of life

According to the CDC, injury is the leading cause of death and disability among children and adolescents in the United States, and the long-term consequences of serious childhood injuries are well documented. Settling a child’s claim without projecting those future costs fully is a financial mistake that can’t be corrected later.

Settling Too Quickly

Financial pressure on families after an injury is real. Medical bills accumulate. Parents miss work. The desire to put the situation behind you is completely understandable. But settling a child’s claim before the full picture of their injuries is established, especially for injuries with potential developmental implications, leaves compensation on the table that the child may need years from now.

The child cannot revisit the claim as an adult if the release was already executed. That finality needs to be weighed against any offer made during the recovery period.

Managing Settlement Funds Without a Structured Plan

When a settlement does occur, how the funds are managed until the child turns 18 matters. In many states, courts require that minor settlement proceeds be placed in a blocked account, structured settlement annuity, or other protected vehicle until the child reaches adulthood.

The American Bar Association provides guidance on client protections in these arrangements. Parents who try to manage settlement funds informally, without the required court structure, can create legal and financial complications that ultimately harm the child’s access to those funds.

If your child has been injured due to someone else’s negligence and you want to understand how to protect their legal rights and financial recovery, we encourage you to speak with a personal injury law firm that handles minor’s claims and can walk your family through the process correctly from the start.