When a Child Is Hurt: Injury Claims for Minors in Utah

Short answer: When a child is injured, a parent or guardian usually brings the claim on the child’s behalf. The child’s own filing deadline generally does not start running until the child turns 18, but claims against a government entity carry their own one-year notice rule, and evidence fades no matter how old the victim is. Any money recovered for the child belongs to the child, and Utah law limits how it is handled.

Children get hurt as passengers in car crashes, as pedestrians and cyclists, on playgrounds, in stores and by dogs. The injury rules are mostly the same as for adults. What changes is who acts for the child, how long the claim stays open, and what happens to the money.

Who Brings the Claim

Utah law does not let a person under 18 bring a lawsuit on their own (Utah Code 78B-2-108(1)). Instead, a parent or guardian may bring an action for the injury of a minor child caused by the wrongful act or neglect of another, and the action can also name the employer of the person who caused the injury when that employer is responsible for the person’s conduct (Utah Code 78B-3-102(1) and (2)).

Sometimes the person at fault is a parent, for example the parent who was driving in a crash that parent caused. The statute anticipates that. If a parent, stepparent, adoptive parent or legal guardian is the alleged defendant, a guardian ad litem may be appointed to represent the child (78B-3-102(3)).

How Long a Child’s Claim Stays Open

While a person is under 18, Utah’s statutes of limitations do not run on their claims, other than claims to recover real property (78B-2-108(2)). The statute says this includes claims for general or special damages, and claims for which a parent or legal guardian may be financially responsible (78B-2-108(3)). That means the usual deadline for an injury claim generally starts when the child turns 18, not on the date of the injury.

That extra time is not a reason to wait. Witnesses move, video is overwritten, and insurers are harder to pin down years later. And a claim against a government entity follows its own rule: a written notice of claim must be filed within one year after the claim arises (Utah Code 63G-7-402). If a school bus, a city vehicle, a public park or a road defect is involved, do not assume the child’s age extends that deadline. Treat the one-year notice as the deadline and act well inside it. Our Utah statute of limitations guide covers the other deadlines.

Medical Bills and Insurance

Parents usually pay, or are billed for, a child’s medical care. The child’s claim can include those expenses, and the tolling statute expressly reaches claims for which a parent may be financially responsible (78B-2-108(3)).

In a car crash, a child passenger is typically covered by personal injury protection (PIP), which pays medical expenses regardless of fault. Health insurance, Medicaid or CHIP may also pay, and those payers may seek reimbursement from a later recovery. We explain how that works in medical bills and liens after a Utah accident.

Car Seats and Seat Belts

Utah requires a driver to restrain each child younger than eight in a child restraint device used the way the manufacturer prescribes, unless the child is at least 57 inches tall, in which case a properly fastened seat belt is required. Older children must be secured with a properly adjusted and fastened seat belt (Utah Code 41-6a-1803). Our post on Utah car seat and booster seat laws covers the details.

Parents often worry that an insurer will blame them if a child was not in the right seat. In a civil injury case, Utah law says failing to use a child restraint or seat belt is not contributory or comparative negligence, and it may not be introduced as evidence on negligence, injuries or the mitigation of damages (Utah Code 41-6a-1806).

How a Child’s Settlement Is Handled

A settlement for an injured child is the child’s money, not the family’s. Utah’s statute on payments to minors allows a person who owes money to a minor to pay amounts up to $15,000 a year to the person who has care and custody of the child, or to the child’s guardian. For a personal injury claim, that $15,000 is measured after medical bills, attorney fees and litigation costs are paid (Utah Code 75-5-102(1) and (4)(a)).

A parent who receives injury money under that section must hold it in a trust for the sole benefit of the child, and the money is turned over to the child at 18. A parent or guardian may petition the court for a disbursement before then (75-5-102(4)(b) through (d)).

Larger recoveries are handled more formally. A court may appoint a conservator to manage a minor’s money when it needs management or protection (Utah Code 75-5-401(1)(a)), and settling a child’s claim often requires court approval. Insurers typically want that settled before they pay, so it is worth planning for early.

Questions to Ask Early

• Who was at fault, and what insurance covers that person or business?
• Is a government entity, school or public property involved? If so, when is the one-year notice due?
• What care will the child need as they grow, and who is documenting it?
• Who has paid medical bills so far, and will they seek reimbursement?
• How will any recovery be held until the child turns 18?

Talk to a Utah Injury Attorney

A child’s injury claim involves the same proof as an adult’s, plus rules about who signs, how long the claim lasts and where the money goes. We can walk you through those rules in a free consultation.

Hurt in Utah? Call (801) 921-5134 or send us your case for a free consultation. No attorney fees unless we win. Hablamos Español.